BX  8966  .R35  1898 
Ramsay,  F.  P.  1856-1926. 
An  exposition  of  the  form  of 
government  and  the  rules  of 


AlSr  EXPOSITION 


OF 


THE  FORM  OF  GOVERNMENT 


AND  THE 


EULES  OF  DISCIPLmE 


OF 


THE  PRESBYTERIAX  CHURCH  IN  THE 
UNITED  STATES. 


BY 

Kev.    F.    p.    KAMSAY, 

President  of  Fredericksburg  College.  Virginia, 


RICHMOIs^D,    VA.: 
The  Pkesbyteriax  Committee  of  Publication. 


Copyright,  1828, 

BY 

JAMES  K.  HAZEN,  Secretary  of  Publication. 


TO  MY  MOTHER, 

WHO  CONSECRATED  ME  FROM  BIRTH  TO  THE  MINISTRY  OF 

CHRIST  AND  His  trOtH  iN  oUr  beLoVed  cHUrcH, 

MY  FIRST  book. 

Written  iN  LoYaL  LoVe  of  THis  cHUrcH. 

IS  dedicated 

OUT  of  the  grateful  AFFECTION  op  A  SON- 

THE  AUTHOR. 


PREFACE 


Dr.  Beatty  has  given  our  church  an  exposition 
of  her  doctrinal  standards,  and  it  has  met  with  a 
deserved  appreciation ;  but  there  has  not  been 
hitherto  attempted  an  exposition  of  our  standards 
of  order.  Believing  that  there  is  even  more  need 
in  this  direction,  since  the  standards  of  order  are 
of  more  recent  formulation,  and  have  been  less 
studied,  the  writer  has  set  himself  to  this  task, 
persuading  himself  that  the  more  urgent  need  will 
help  to  excuse  an  inferior  performance. 

This  is  not  intended  to  be  a  Digest  of  decisions 
and  precedents,  such  as  Dr.  Alexander  has  made 
and  is  making  for  our  young  church,  leaving  no- 
thing of  this  sort  for  others  to  do  among  us,  nor  a 
compendium  of  the  usages  and  customs  that  have 
gradually  grown  up  among  Presbyterians,  such  as 
Dr.  Aspinwall  Hodge  has  compiled,  and  is  keeping 
up  to  date,  but  this  aims  to  be  an  exposition  of  the 
text  of  the  Book  of  Church  Order.  No  attempt  is 
here  made  to  prove  the  scripturalness  or  wisdom 
of  the  Book,  but  to  expound  it.  The  exposition  is 
sympathetic,  both  because  the  writer  would  be  in- 
capable of  making  any  other,  and  because  he  thinks 

5 


6  Preface. 

that  only  the  sympathetic  expositor  can  give  a  just 
exposition.  He  has,  accordingly,  omitted  to  set 
forth  any  individual  notions  he  may  have  of  possi- 
ble improvements.  This  was  not  the  place  to  criti- 
cize, but  to  expound. 

But  the  writer  has  concluded  his  exposition  with 
a  deep  conviction  that  the  more  our  standards  are 
studied  the  less  disposition  there  will  be  to  criti- 
cize them.  For  it  may  be  conceded  that  our  sys- 
tem of  government  is  one  that  works  with  much 
friction  and  confusion,  and,  it  must  be  admitted, 
with  considerable  inefficiency,  if  those  who  work 
it  do  not  understand  it  and  intelligently  approve  it ; 
for  there  are  other  systems  that  work  more  easily 
and  satisfactorily  in  the  hands  of  adherents  not 
generally  intelligent  and  capable.  All  we  can  claim 
is  that  the  members  and  officers  of  any  church  need 
to  know  its  system  of  government  well  enough,  and 
to  love  it  well  enough,  to  work  it  efficiently,  and 
that  for  those  thus  qualified  ours  is  the  best  sys- 
tem, even  among  the  different  systems  that  are 
scriptural  in  their  main  principles.  To  promote 
the  study  of  our  standards  of  order,  and  thereby  a 
devotion  to  them  and  a  working  knowledge  of  them, 
is  the  end  of  this  effort. 

He  reserves  for  a  separate  volume  the  Directory 
for  Worship,  because  the  study  of  the  Form  of 
Government  and  the  Kules  of  Discipline  will  neces- 
sarily be  more  nearly  limited  to  the  officers  and  to 


Preface.  7 

a  few  of  superior  intelligence  or  special  interest, 
while  it  is  to  be  hoped  that  a  more  general  famil- 
iarity with  the  Directory  can  be  promoted. 

The  writer  will  avail  himself  of  this  opportunity 
to  say  three  things  for  which  there  was  no  suitable 
place  in  the  body  of  the  work  : 

1.  There  is  a  system  of  government  and  discip- 
line. The  Form  of  Government  especially  is  but 
little  inferior  to  the  Shorter  Catechism  itself  in 
logical  construction  and  completeness.  The  Rules 
of  Discipline  does  not,  as  a  composition,  reach  so 
high  a  level.  But  the  two  together  set  forth  a 
system  of  government  and  discipline.  Now  to  un- 
dertake to  direct  the  activities  of  this  organization, 
our  church  organized  for  government  and  discip- 
line upon  this  system  of  principles,  without  an  in- 
telligent comprehension  of  these  principles  in  their 
relation  to  each  other  as  a  complete  system,  is  sure 
to  result  in  clash  and  confusion ;  and  it  will  be  still 
worse  to  undertake  to  amend  parts  without  first 
comprehending  the  relation  of  the  parts  as  a  whole. 
The  mastery  of  our  system  of  government  and  dis- 
cipline is,  therefore,  urged  as  important,  and  as 
worth  the  time  and  effort  needed  both  for  the  sake 
of  the  intellectual  discipline  and  for  the  practical 
efficiency  of  our  church. 

2.  Discipline,  thorough  and  scriptural,  is  possi- 
ble under  our  system.  It  is  not  necessary  to  argue 
that  discipline  is  a  duty  enjoined  in  the  Scriptures ; 


8  Preface. 

but  there  is  among  us,  one  is  tempted  to  say,  a 
pervading  infidelity  of  the  worth  of  such  teachings. 
Outside  of  the  discipline  of  ministers  charged  with 
heresies,  and  of  very  notorious  offenders  in  moral- 
ity, there  is  seldom  anything  in  the  nature  of  judi- 
cial prosecution  among  us ;  and  there  is  reason  to 
believe  that  there  is  even  less  of  that  forewarning 
which  looks  forward  to  such  prosecution.  This 
laxity  is  due  in  part,  it  may  be,  to  reaction  from  an 
extreme  in  the  other  direction,  to  the  great  diffi- 
culty of  efficient  discipline  in  the  midst  of  a  too 
sharp  denominational  rivalry  and  competition,  and 
to  the  so  generally  diffused  tendency  to  depreciate 
authority  of  every  sort ;  but  it  is  due  in  part,  also, 
to  the  uncertainty  of  how  to  proceed,  and  the  fear 
that  judicial  procedure  in  our  system  is  too  com- 
plicated for  practical  use.  This  impression  is  not 
correct.  It  is  true  that,  when  efforts  are  made  to 
convict  for  principles  or  practices  on  which  the 
mind  of  the  church  is  more  or  less  divided,  or  to 
convict  men  who  have  the  general  confidence  in 
their  soundness  of  doctrine  and  purity  of  life  for 
particular  aberrations,  contention  and  agitation 
are  to  be  expected,  and  the  attainment  of  definite 
good  results  is  doubtful ;  but  the  machinery  of  dis- 
cipline provided  would  prove  itself  eminently  effi- 
cient and  safe,  at  once  fair  and  persuasive,  in  actual 
use  in  most  cases  that  need  such  treatment.  It  is 
not  easy  to  exercise  discipline,  not  only  on  account 


Preface.  9 

of  the  imperfection  of  those  who  are  to  exercise  it, 
but  also  on  account  of  the  strength  of  corruption 
that  has  come  for  the  lack  of  discipline ;  and  dis- 
cipline is  especially  difficult  where  the  revenues  of 
the  church  come  from  voluntary  contributions.  To 
censure  offenders  generally  endangers  revenue.  It 
requires  a  lofty  indifference  to  financial  considera- 
tions in  comparison  with  spiritual  results,  or  the 
inexperience  of  youth,  to  embolden  to  attempt 
thorough  discipline.  Many  attempts  have  failed 
largely  because  the  men  who  failed  when  they  had 
less  wisdom  of  experience  and  less  maturity  of 
spiritual  growth  have  not  attempted  it  when  they 
became  better  qualified.  Their  former  failures, 
and  the  new  Book,  make  them  afraid.  But  we 
must  come  to  it  or  we  perish.  The  churches  of 
America  must  learn  to  exercise  discipline,  or  the 
experiment  of  religious  liberty,  without  financial 
aid  from  the  civil  power,  will  prove  a  failure.  Such 
a  result  will  not  come,  for  the  churches  will  learn 
this  lesson  of  discipline.  It  may  be  through  bitter 
experience  of  the  fruits  of  laxity  and  of  the  conse- 
quent worldly  corruption  of  the  church,  but  to  dis- 
cipline the  church  must  come.  And  it  is  here  in- 
sisted that  we  have  the  usable  machinery  of  dis- 
cipline, and  all  we  need  now  is  the  spiritual  power 
to  make  it  efficient. 

3.  The  church  is  a  spiritual  organization.     This 
exposition  has  to  do  with  rules  and  regulations. 


10  Preface. 

with  the  mechanism  of  ecclesiastical  action,  to  so 
large  an  extent  that  the  writer  is  unwilling  to  send 
it  forth  without  this  distinct  assertion  that  the 
church  is  spiritual.  It  must  do  all  its  doings  in 
the  Spirit.  It  is  not  constitutional  regularity,  it  is 
not  meclianical  perfection,  that  makes  the  church 
efficient  for  its  end ;  it  is  the  Spirit  of  Christ  using 
the  church  as  his  agent.  This  Spirit  creates  fit  in- 
struments for  his  own  use,  and  therefore  we  may 
expect  the  church  to  become  more  nearly  perfect 
in  organization  and  methods  as  it  becomes  more 
perfectly  the  obedient  organ  of  the  Holy  Spirit; 
but,  alas,  form  and  machinery  may  exist  without  life 
and  power ;  and  the  deepest  desire  of  the  writer 
would  not  be  realized  by  his  work  if  it  should  not 
help  toward  the  fuller  efficiency  of  our  church  in 
gathering  and  perfecting  the  spiritual  body  of 
Christ. 

If  to  this  end  the  King  and  Head  of  the  whole 
church  will  bless  this  imperfect  work,  the  author 
will  be  grateful  for  the  honor  and  privilege  of  thus 
serving  his  brethren. 

F.  P.  EAMSAT. 

[Note. — The  text  is  printed  in  brevier  type  and  the  com- 
ment in  small  pica.  The  use  of  the  two  sorts  of  type  makes 
possible  the  intermingling  of  text  and  comment,  and  yet  the 
consulting  of  the  text  by  itself.] 


EXPOSITION 

OF  THE 

Book  of  Chuech  Oedek. 


The  supreme  standard,  the  one  rule  of  faith  and 
practice,  of  the  Presbyterian  Church  in  the  United 
States,  is  the  Bible.  Its  subordinater  standards  are 
the  doctrinal  symbols  (which  are  the  Confession  of 
Faith  and  the  Catechisms)  and  the  Book  of  Church 
Order.  This  book  has  three  parts:  the  Form  of 
GoYernment,  which  treats  of  the  ecclesiastical  or- 
ganization, its  parts  and  their  functions ;  the  Rules 
of  Discipline,  which  gives  special  regulations  for 
directing  the  exercise  of  the  ecclesiastical  power  of 
censure;  and  the  Directory  for  Worship,  which 
gives  special  directions  for  the  conduct  of  public 
worship. 

The  Form  of  Government  has  seven  chapters : 
the  first  on  preliminary  definitions;  the  next  five 
on  the  five  heads  of  the  doctrine  of  church  govern- 
ment ;  and  the  seventh  on  amending  the  standards. 

Similarly,  the  first  chapter, 

CHAPTER  I. 

Of  the  Doctkine  of  Chuech  Government, 

has  seven  sections :  one  preliminary,  one  on  each 
of  the  five  heads  of  doctrine,  and  one  on  the  rela- 
tion of  this  doctrine  to  the  existence  and  perfection 
of  the  Church. 

11 


12  Chap.  I.,  Par.  1.  1,  2 

1. — I.  The  scriptural  form  of  church  government,  which 
is  that  of  Presbytery,  is  comprehended  under  these  five  heads 
of  doctrine,  viz. :  1.  Of  the  Church;  2.  Of  its  Members;  3.  Of 
its  Officers:  4.  Of  its  Courts;  and  5.  Of  its  Orders. 

However  little  the  Scripture  may  lay  down  pre- 
scriptions in  detail  in  the  matter  of  church  govern- 
ment, it  teaches  a  form  of  church  government;  so 
that  both  those  are  in  error  who  deny  church  gov- 
ernment altogether,  and  those  who,  admitting  that 
the  Scripture  teaches  government,  deny  that  it 
teaches  any  particular  form  of  government.  And 
the  form  of  government  is  neither  a  form  in  which 
all  are  equally  rulers  nor  a  form  in  which  one  rules 
over  maiiy,  but  a  form  in  which  some  rule  over  all. 
Neither  any  Congregational  form  in  which  the 
authority  is  in  the  body  of  the  people,  nor  any 
Episcopal  form  in  which  the  authority  is  in  an  indi- 
vidual, is  scriptural,  but  only  that  form  in  which  the 
authority  is  in  a  selected  few  acting  together  as  a 
court.  This  is  PresJjytery,  which  means  a  court 
of  elders.  And  the  doctrine  concerning  this  scrip- 
tural form  of  church  government  naturally  falls 
under  five  heads.  After  telling  what  the  Church 
is,  it  will  be  next  in  place  to  tell  who  constitute  it, 
that  is,  of  what  members  it  consists.  As  it  is  gov- 
erned by  officers  and  not  by  the  members,  the  next 
thing  must  be  to  tell  what  officers  it  has ;  but  as 
these  officers  do  not  govern  severally  but  jointly, 
the  courts  come  next  in  place;  and  finally,  when 
we  have  the  courts  for  admitting  to  office,  w^e  may 
learn  concerning  orders,  or  how  officers  are  or- 
dained. It  is  this  exhaustive  and  logical  treatment 
that  the  Form  of  Government  proposes. 

2. — II.    The    Church    which   the    Lord    Jesus    Christ    has 


2  Chap.  I.,  Par.  2.  13 

erected  in  this  world  for  the  gathering  and  perfecting  of  the 
saints,  is  his  visible  kingdom  of  grace,  and  is  one  and  the 
same  in  all  ages. 

This  is  a  definition  of  the  Church  which  the  Lord 
Jesus  Christ  has  erected  in  this  world,  and  not  of 
the  Church  as  it  is  to  be  in  the  final  consummation, 
nor  of  the  Church  as  it  now  is  in  heaven  as  well  as 
earth.  The  Church  thus  limited,  the  Lord  Jesus 
Christ  has  erected ;  and  he  has  erected  it  for  this 
purpose,  for  the  gathering  and  perfecting  of  the 
saints.  For  it  is  not  the  office  of  the  Church  to  do 
all  good  in  human  society,  nor  even  to  work  upon 
all  men  except  so  far  as  it  does  this  in  working  up- 
on a  class,  the  saints.  For  them  it  has  two  things 
to  do:  first,  to  gather  them,  that  is,  out  of  the 
world  into  the  Church;  and  second,  to  perfect 
them.  The  Church  works  upon  men  not  already 
saints  in  their  own  consent  in  order  to  make  them 
such,  not  in  order  to  other  ends,  and  upon  saints, 
in  order  to  make  them  perfect.  By  saints  is  meant 
persons  that  belong  to  Christ  in  sacred  covenant. 
This  Church,  this  gathered  body  of  saints  on  earth, 
is  his  visible  kingdom  of  grace.  His  kingdom 
comprehends  all  things  and  persons,  but  his  king- 
dom of  grace  is  more  especially  the  saints;  and 
his  kingdom  of  grace  includes  saints  that  have 
fallen  asleep,  but  the  Church,  as  an  organization 
with  a  government  administered  through  men  in 
the  flesh,  is  his  visible  kingdom  of  grace.  But  the 
point  of  the  definition  lies  in  this,  that  the  Church 
is  a  KINGDOM,  having  Christ  as  King.  This  king- 
dom is  not  two,  one  before  the  coming  of  Christ  in 
the  flesh  and  the  other  after  his  coming ;  nor  is  it 
in  accord  with  this  definition  to  distinguish  sharply 


14  Chap.  I.,  Par.  3.  3 

between  Church  and  Kingdom.  All  ages  must  in- 
clude the  millennial  age,  if  there  is  to  be  a  millen- 
nium. Nor  can  there  be  more  than  one  Church  in 
the  world  at  the  same  time ;  and  the  use  of  the  term 
to  designate  a  part  of  the  Church  ought  to  be 
guarded  from  the  implication  that  the  part  is  the 
whole. 

Already  by  implication  the  membership  of  the 
Church  is  limited  to  saints;  but  here  is  a  formal 
definition : 

3. — III.  The  members  of  this  visible  Church  catholic  are 
all  those  persons  iii  every  nation,  together  with  their  children, 
who  make  profession  of  the  holy  religion  of  Christ,  and  of 
submission  to  his  laws. 

Catholic,  which  means  universal,  is  added  in  orc^pr 
to  lay  emphasis  upon  the  doctrine  that  the  Church 
is  not  limited  to  some  section  of  it,  whatever  name 
some  section  may  assume  for  itself.  Its  members 
are  persons  who  make  profession  of  the  religion  of 
Christ.  That  this  does  not  mean  a  profession  of 
opinion  merely,  but  of  consent  of  will  also,  is  made 
certain  by  the  explicit  mention  of  what  is  implied, 
"  and  of  submission  to  his  laws."  And  the  word 
*'  holy  "  implies  the  same  idea  as  the  word  "  saints," 
for  by  such  a  profession  one  becomes  a  saint,  or 
discloses  that  he  is  a  saint,  that  is,  one  belonging 
to  Christ  in  sacred  covenant.  Not  only  are  all 
persons  making  this  profession  •  members  of  the 
Church  visible,  but  their  children  also.  This  in- 
cludes the  children  of  parents  that  reject  infant 
baptism;  for  it  is  not  baptism  that  makes  them 
members.  Baptism  recognizes  the  membership 
that  exists  before  the  baptism  is  administered ;  for 
whoever  binds  himself  to  Christ  in  sacred  cove- 


4  Chap.  I.,  Pae.  4.  15 

nant,  thereby  binds  his  children  in  the  same  cove- 
nant ;  so  that  his  child  is  holy  as  well  as  himself. 
If  it  be  objected  that  an  infant  cannot  be  holy,  the 
answer  to  the  objection  is  to  be  found  in  under- 
standing the  meaning  of  holy  as  here  used,  belong- 
ing to  Christ  in  sacred  covenant ;  for  these  infants 
of  the  saints  must  either  be  classed  with  the  saints 
or  with  the  profane,  and  the  definition  classes 
them  with  the  saints. 

It  is  to  be  observed  that  the  visible  Church  in- 
cludes all  who  profess  the  religion  of  Christ ;  that  is, 
profess  subjection  to  his  laws,  whether  they  are  re- 
generated or  not,  and  does  not  include  any  regener- 
ated persons  that  do  not  make  such  profession,  since 
without  such  profession,  they  are  not  visible  as 
members  of  the  Church.  But  is  the  visible  Church 
of  this  paragraph  identical  with  the  visible  king- 
dom of  grace  of  the  preceding  paragraph?  Yes. 
Christ  uses  false  professor.s,  and  uses  them  as  parts 
of  his  visible  Church  or  Kingdom;  for  they  are, 
temporarily,  in  and  of  this  organization,  even  as  a 
dead  tooth  is  a  part  of  the  body. 

Against  the  doctrine  that  the  Church  is  to  be 
governed  by  all  its  members,  the  doctrine  of  Pres- 
bytery sets  the  assertion  that  all  the  powers  of  the 
Church  are  to  be  administered  by  officers,  and 
against  all  claimants  of  right  to  exercise  ecclesias- 
tical power,  besides  the  classes  of  officers  here 
enumerated,  it  is  denied  that  their  claim  is  scrip- 
tural. 

4. — IV.  The  officers  of  the  Church,  by  whom  all  its  powers 

the  other  powers  as  well  as  powers  of  government 
strictly, 


16  Chap.  L,  Par.  5,  6.  5,  6 

are  administered,  are,  according  to  the  Scriptures,  Ministers  of 
the  Word,  Ruling  Elders  and  Deacons. 

The  power  is  vested  in  the  body,  but  it  is  to  be  ad- 
ministered, not  by  the  whole  body,  nor  by  com- 
mittees appointed  from  the  body,  but  by  perma- 
nent Officers.  These  officers  are  not  all  one  class, 
appointed  to  different  functions  from  time  to  time, 
nor  two  classes  only,  as  Elders  and  Deacons,  the 
Elders  being  assigned  from  time  to  time  to  differ- 
ent w^orks,  but  three  classes :  Ministers  of  the  Word, 
-Ruling  Elders,  and  Deacons. 

As  already  implied,  the  power  of  government  in 
the  stricter  sense, 

5, — V.  Ecclesiastical  jurisdiction  is  not  a  several 

power,  to  be  exercised  by  an  individual, 

but  a  joint  power,  to  be  exercised  by  Presbyters  in  courts. 

Presbyter  means  an  officer  having  joint  jurisdic- 
tion with  other  officers. 

These  courts  may  have  jurisdiction  over  one  or  many  churches ; 
but  they  sustain  such  mutual  relations  as  to  realize  the  idea  of 
the  unity  of  the  Church.  » 

It  is  necessary  to  note  the  distinction  between 
''church"  and  ''Church."  The  latter  has  been  al- 
ready defined  in  paragraph  2,  and  the  former  will 
be  defined  in  paragraph  20.  The  Church  is  one. 
No  group  of  churches  is  together  independent  of 
the  whole  Church ;  and  especially  can  no  particu- 
lar church  be,  of  right,  independent  of  the  Church 
catholic,  any  more  than  an  individual  member. 
This  is  an  emphatic  denial  of  Independency. 

"What  follows 

6. — YI.  The  ordination  of  officers  is  ordinarily  by  a  court. 


7  Chap.  I.,  Par.  7;  Chap.  II.  17 

is  an  emphatic  denial  of  Episcopacy.  For  "ordi- 
narily "  does  not  admit  that  sometimes  an  individ- 
ual may,  in  his  own  authority  rather  than  in  the 
authority  of  a  court,  ordain  officers,  but  that  some- 
times officers  may  be  immediately  appointed  by 
Jesus  Christ  without  the  intervention  of  a  court,  as 
in  the  case  of  the  Twelve  Apostles. 

But  some  of  the  Church  as  defined  in  para- 
graph 2,  do  not  accept  this  doctrine  of  Presby- 
tery; how,  then,  can  they  be  members  of  the 
Church? 

7. — VII.  This  scriptural  doctrine  of  Presbytery  is  necessary 
to  the  perfection  of  the  order  of  the  visible  Church,  but  is  not 
essential  to  its  existence. 

The  visible  Church  may  exist,  and  may  be  an 
ordered  body,  without  this  doctrine,  its  officers 
having  valid  ordination  ;  but  without  this  doctrine 
the  Church  must  lack  something  necessary  to  make 
its  order  perfect.  Without  it,  there  will  be  more  or 
less  of  violation  of  the  scriptural  order,  some  men 
discharging  official  functions  to  which  they  have 
not  been  properly  appointed,  and  some  needful 
official  functions  not  being  adequately  provided 
for. 


CHAPTER  II. 


Having  laid  down  these  preliminary  definitions, 
which  must  rule  the  interpretation  throughout,  the 
Form  of  Government  proceeds  to  enlarge  upon 
each  of  the  five  heads  of  doctrine.     And  first  is 


CHAPTER  II.— Of  the  Church. 
2 


18  Chap.  II.,  Sec.  I.,  Par.  1.  8 

As  the  Church  is  a  kingdom  erected  by  its  King, 
it  is  in  place  first  to  treat  of  the  King.  Then  the 
kingdom  itself  may  be  more  fully  described.  And, 
as  this  book  is  giving  the  doctrine  of  the  govern- 
ment of  the  Church,  it  is  next  in  place  to  treat  of 
church  power.  But,  since  the  Church  is  divided 
into  many  particular  churches,  there  must  be  a 
section  on  the  particular  church.  And  here  is  nat- 
urally added  a  section  on  the  organizing  of  a  par- 
ticular church. 

Section  I. — Of  its  King  and  Head, 

in  its  first  paragraph  presents  Jesus  Christ  as  the 
King  and  Head  of  the  Church ;  in  the  second  para- 
graph shows  his  offices  in  the  government  of  the 
Church  ;  and  in  the  third  tells  how  he  has  equipped 
the  Church  itself ;  and  in  the  fourth  points  out  the 
nature  and  method  of  his  activity  in  the  Church,  as 
the  other  paragraphs  have  treated  of  his  activity 
over  the  Church.  And  this  section  is  not  a  mean- 
ingless collection  of  pious  phrases  about  Christ, 
but  is  a  most  careful  and  intentional  expression  of 
views  considered  specially  important. 

This  remark  applies  in  all  its  force  to  the  first 
paragraph,  an  unusually  long  and  eloquent  sen- 
tence. 

8. — I.  Jesus  Christ,  upon  whose  shoulders  the  government 
is,  whose  naroe  is  called  Wonderful,  Counsellor,  the  Mighty 
God,  the  Everlasting  Father,  the  Prince  of  Peace;  of  the  in- 
crease of  whose  government  and  peace  there  shall  be  no  end ; 
who  sits  upon  the  throne  of  David,  and  upon  his  kingdom,  to 
order  it  and  to  establish  it  with  judgment  and  with  justice 
from  henceforth,  even  for  ever, 

is  the  subject  of  the  sentence.  "Jesus  Christ, 
upon  whose  shoulders  the  government  is,"  is  the 


a  Chap.  II.,  Sec.  I.,  Pae.  1.  19 

opening  designation  of  the  Head  of  the  Church; 
and  the  three  following  relative  clauses  ascribe  to 
him  three  things :  first,  the  dignity  of  Deity ;  second, 
eternal  authority  over  the  Church ;  and  third,  suc- 
cession to  David,  thus  identifying  the  Church  with 
the  Messianic  kingdom.  Next  is  interposed  a  par- 
ticipial clause  concerning  authority  beyond  the 
Church  for  it : 

Having  all  power  given  unto  him  by  the  Father,  who  raised 
him  from  the  dead,  and  set  him  on  his  own  right  hand,  far 
above  all  principality  and  power,  and  might,  and  dominion, 
and  every  name  that  is  named,  not  only  in  this  world,  but  also 
in  that  which  is  to  come,  and  hath  put  all  things  under  his 
feet,  and  gave  him  to  be  Head  over  all  things  to  the  Church, 
which  is  his  body,  the  fulness  of  him  that  filleth  all  in  all ; 

This  quotation  affirms  in  the  most  sweeping  way 
the  lordship  of  Jesus  Christ  as  universal,  a  uni- 
versal lordship  that  has  been  given  to  him  as  Head 
of  the  Church, 

he, 

Jesus  Christ  thus  described, 

being  ascended  up  far  above  all  heavens,  that  he  might  fill  all 
things,  received  gifts  for  his  Church, 

which  already  existed, 

and  gave  all  officers  necessary  for  the  edification  of  his  Church 
and  the  perfecting  of  his  saints. 

Here  "edification  of  his  Church"  must  include 
what  is  meant  by  "gathering"  in  paragraph  2. 

The  special  point  of  the  paragraph  is  that  Jesus 
Christ  is  the  sole  source  of  all  church  power.  No 
man  can  have  any  office  in  the  Church  except  as 
appointed  hy  Jesus  Christ  himself^  who  himself 
equips  and  appoints  all  other  officers  besides  him- 


20  Chap.  II.,  Sec.  I.,  Pak.  2.  9 

self.  The  Church  is  a  kingdom,  and  he  is,  in  right 
and  practice,  King. 

But  the  power  of  Christ  is  not  merely  an  ap- 
pointing power;  he  himself  discharges  all  official 
functions  whatever. 

9. — II.  Jesus,  the  Mediator,  the  sole  Priest,  Prophet,  King, 
Saviour,  and  Head  of  the  Church, 

for  now  there  is  no  subordinate  priest  or  prophet, 
as  there  is  no  other  King  or  Saviour  or  Head ; 

contains  in  himself,  by  way  of  eminency,  all  the  offices  in  his 
Church,  and  has  many  of  their  names  attributed  to  him  in  the 
Scriptures.  He  is  Apostle,  Teacher.  Pastor,  Minister  and 
Bishop,  and  the  only  Lawgiver  in  Zion. 

For  not  even  Moses  is  called  a  lawgiver  in  the 
Scriptures.  Not  only  is  every  claim  to  legislative 
authority  or  to  original  control  of  every  sort  denied 
as  to  all  but  Christ  himself;  but  also  he  has  all 
offices  within  himself,  so  that  he  is  not  a  Minister 
of  the  Word,  but  the  Minister  of  the  Word,  not  a 
Ruling  Elder,  but  the  Ruling  Elder,  and  not  a 
Deacon,  but  the  Deacon,  of  his  Church.  There- 
fore, 

It  belongs  to  his  Majesty  from  his  throne  of  glory,  to  rule  and 
teach  the  Church,  through  his  Word  and  Spirit,  by  the  ministry 
of  men ;  thus  mediately  exercising  his  own  authority,  and  en- 
forcing his  own  laws,  unto  the  edification  and  establishment 
of  his  kingdom. 

By  including  all  official  functions  under  the  terms 
"rule  and  teach,"  the  sentence  does  not  make  dis- 
tribution a  non-official  function,  but  includes  it 
under  these  as  being  in  order  to  them.  The  prin- 
ciple must  not  be  lost  sight  of,  that  it  is  Christ  who 
rules  and  teaches  the  Church  by  the  ministry  of 
men,  and  not  they  who  rule  and  teach  the  Church 


10  Chap.  II.,  Sec.  I.,  Par.  3.  21 

for  him.  Thej  are  not  themselves  governors,  but 
the  media  of  the  only  Governor. 

We  are  now  to  see  how  Christ  as  King  has 
equipped  his  Church,  so  that  he  may  exercise  in 
and  upon  it  his  authority  mediately. 

10.— III.  Christ,  as  King,  has  given  to  his  Church,  officers, 
oracles,  and  ordinances;  and  especially  has  he  ordained  therein 
his  sj'stem  of  doctrine,  government,  discipline,  and  worship; 
all  which  are  either  expressly  set  down  in  Scripture,  or  by  good 
and  necessary  consequence  may  be  deduced  therefrom ;  and 
to  which  things  he  commands  that  nothing  be  added,  and  that 
from  them  naught  be  taken  away. 

Each  of  the  four  clauses  of  this  paragraph  is  import- 
ant. The  first  enumerates  the  gifts  of  the  King  to  his 
Church  under  three  heads :  officers ;  oracles,  which 
are  the  Scriptures;  ordinances,  which  comprise  all 
things  that  he  has  ordered  to  be  done.  None  of 
these  gifts  are  originated  by  the  Church  or  by 
human  invention,  but  they  are  all  gifts  of  Christ  as 
King.  The  second  clause  names  especially  as 
among  his  ordinances  his  fourfold  system  of  doc- 
trine, which  is  expounded  in  the  doctrinal  symbols; 
government,  the  form  of  which  is  set  forth  in  this 
book ;  discipline,  the  regulations  for  which  are  laid 
down  in  the  Kules  of  Discipline ;  and  worship,  the 
directions  for  which  are  given  in  the  Directory  for 
Worship.  Everything  ought  to  be  done  as  the 
King  has  ordained.  But  where  are  we  to  learn 
what  he  has  ordained  ?  In  Scripture.  There  we 
shall  find  all  his  ordinances,  it  is  his  entire  oracles, 
and  it  shows  what  officers  he  has  appointed,  and 
with  what  functions.  If  anything  is  not  expressly 
set  down  in  Scripture,  it  may  be  deduced  from  it, 
not  by  fanciful  imagination,  but  by  correct  infer- 
ence.    What  seems  incomplete  is  to  be  completed 


22  CHAr.  II.,  Sec.  I.,  Par.  4;  Sec.  II.  11 

by  application  of  the  principles  set  down  in  Scrip- 
ture ;  for  the  King  allows  no  man  or  set  of  men, 
whatever  offices  they  may  hold  in  his  Church,  to 
add  or  substract.  This  paragraph  justifies  the  first 
sentence  of  this  exposition,  that  the  supreme 
standard,  the  one  rule  of  faith  and  practice  of  the 
Presbyterian  Church  in  the  United  States  is  the 
Bible.  To  this,  both  the  first  and  the  final  appeal 
must  always  be  made. 

But  it  would  be  a  great  mistake  to  suppose 
that  the  only  connection  of  Christ  with  the  present 
government  of  the  church  is  through  the  mere  lan- 
guage of  Scripture  as  interpreted  by  men. 

11. — lY.  Since  the  ascension  of  Jesus  Christ  to  heaven,  he 
is  present  with  the  Church  by  his  AVord  and  Spirit,  and  the 
benefits  of  all  his  offices  are  effectually  applied  by  the  Holy 
Ghost. 

Not  only  by  the  word,  but  also  by  the  Holy  Spirit, 
is  the  ascended  Christ  present  with  his  Church ; 
and  thus  he  is  ever  effectually  discharging  all  his 
offices  in  his  own  living  presence  through  the 
human  media. 

The  whole  section  makes  the  Church  to  be  but 
the  completion  of  Christ,  his  bodying  of  himself 
forth :  take  him  away,  take  away  his  living  activity, 
and  the  Church  is  nothing,  and  its  authority  is  no- 
thing. 

Section  11.— The  Visible  Church  Defined. 

While  the  visible  Church  is  one,  it  has  two  sorts 
of  divisions,  into  different  denominations  and  into 
particular  churches ;  accordingly,  this  section,  after 
affirming  the  unity  of  the  Church  in  the  first  para- 
graph, discusses  the  division  into   denominations 


IS,  IS      Chap.  11.,  Sec.  11.,  Pars.  1,  2.  23 

in  the  second  paragraph,  and  the  division  into 
particular  churches  in  the  third  paragraph. 

12.  —I.  The  visible  Church  before  the  law,  under  the  law, 
and  now  under  the  gospel,  is  one  and  the  same,  and  consists  of 
all  those  who  make  profession  of  the  true  religion,  together 
with  their  children. 

This  is  the  same  principle  as  that  stated  in  para- 
graph 2 ;  but,  instead  of  the  more  sweeping  '^  in  all 
ages,"  this  particularizes  three  ages :  before  Moses, 
from  Moses  to  Christ,  and  since  Christ.  This  also 
repeats  the  principle  stated  in  paragraph  3,  only 
substituting  for  "the  holy  religion  of  Christ  and  of 
submission  to  his  laws"  its  equivalent,  ''the  true 
religion." 

13.— II.  This  visible  unity  of  the  body  of  Christ,  though 
obscured,  is  not  destroyed  by  its  division  into  different  denom- 
inations of  professing  Christians ;  but  al  1  of  these  which  maintain 
the  Word  and  Sacraments  in  their  fundamental  integrity  are  to 
be  recognized  as  true  branches  of  the  Church  of  Jesus  Christ. 

Two  principles  are  here  conceded:  that  visible 
unity  is  desirable,  and  that  the  division  into  differ- 
ent denominations,  into  separate  associations  of 
churches,  makes  against  this  visible  unity.  As  the 
separation  of  a  particular  church  from  other  par- 
ticular churches  in  one  organization  obscures 
church  unity,  so  does  the  separation  of  an  associa- 
tion of  churches  from  union  with  other  associations 
in  one  organization.  But  such  division  does  not 
destroy  visible  unity.  The  real  unity  of  the  invisi- 
ble Church  is  unity  in  Christ,  the  one  Head;  and, 
since  the  members  of  different  denominations  are, 
in  their  profession,  visibly  united  to  Christ,  their 
visible  unity  is  not  destroyed  by  this  degree  of 
separation.     Indeed,  it  is  not  so  much  organiza- 


U  Chap.  TI.,  Sec.  II.,  Par.  3.  14 

tioDal  separateness  that  contravenes  organic  unity 
as  it  is  organizational  disfellowship  that  argues 
organic  disunity.  Hence,  a  broad  recognition 
is  here  given  to  other  denominations.  For,  on  the 
one  hand,  this  recognition  is  explicitly  extended  to 
all  that  maintain  the  Word  and  Sacraments  in  their 
fundamental  integrity ;  and,  on  the  other,  it  is  not 
withheld  from  any  professing  Christians,  though 
they  reject  some  of  the  canon,  or  deny  some  of 
the  teachings  of  Scripture,  or  pervert  or  omit  the 
sacraments,  even  to  the  extent  of  trenching  upon 
fundamental  integrity.  As  to  such,  it  must  be  in- 
quired vv^hether  they  really  profess  the  true  reli- 
gion, that  is,  whether  they  profess  the  holy  religion 
of  Christ  and  submission  to  his  laws.  And  even  if 
order  should  be  found  altogether  absent  from  an 
association  of  those  making  such  profession,  they 
would  themselves  be  a  part  of  the  Church,  in  spite 
of  their  lack  of  order. 

The  Presbyterian  Church  in  the  United  States, 
then,  continues  its  separate  existence  as  a  denomi- 
nation only  upon  the  ground  that  its  members 
would  not  be  allowed  to  obey  all  the  laws  of  Christ 
in  any  other  organization;  and  it  stands  pledged 
to  organizational  union  upon  any  basis  permitting 
full  obedience  to  all  the  teachings  of  Christ.  And 
in  calling  itself  "  Church,"  it  does  not  mean  to  reserve 
this  title  lor  itself  exclusively,  but  only  to  claim 
that  it  is  tentatively  endeavoring  to  make  itself,  as 
nearly  as  its  enforced  separateness  will  allow,  con- 
form to  what  Christ  would  have  his  one  catholic 
visible  Church  to  be. 

14. — III.  It  is  according  to  scriptural  example  that  the 
Church  should  be  divided  into  many  particular  churches. 


15  Chap.  II.,  Sic.  III.,  Par.  1.  25 

The  division  of  the  Church  into  particular  churches 
does  not  obscure  its  unity,  provided  the  courts  of 
the  particular  churches  are  not  independent  of  the 
court  of  the  Church.     (Cf.  Par.  5.) 

Section  III.— Of  the  Nature  and  Extent  of  Church  P<mer. 
This  section  is  extremely  important  in  a  Form  of 
Government.  The  first  two  paragraphs  point  out 
the  relation  of  the  people  and  the  officers  to  eccle- 
siastical power;  the  third  paragraph  shows  what 
the  Church  as  government  has  power  to  do,  and 
the  fourth  what  is  the  end  of  all  its  doing  in  all 
aspects,  and  the  fifth  recalls  the  relation  of  Christ 
to  the  exercise  of  this  power. 

15, — I.  The  power  which  Christ  has  committed  to  his 
Church  vests  in  the  whole  body,  the  rulers  and  the  ruled,  consti- 
tuting it  a  spiritual  commonwealth.  This  power,  as  exercised 
by  the  people,  extends  to  the  choice  of  those  officers  whom  he 
has  appointed  in  his  church. 

The  statement  that  Christ  has  committed  power  to 
his  Church  must  not  be  pressed  to  contradict  para- 
graphs 9  and  11;  but  neither  must  it  be  weak- 
ened down  to  the  conception  that  the  Church 
is  a  mere  voluntary  society,  and  submission  to  it  a 
matter  of  individual  option.  This  power  does  not 
vest  in  the  rulers  as  such,  so  that  they  are  in  no  sense 
accountable  to  the  people,  or  in  the  people  as  such, 
so  that  the  rulers  are  merely  their  committeemen ; 
but  in  the  whole  body,  each  in  his  corporate  or 
organic  place  having  authority  and  being  subject 
to  authority.  And  while  in  relation  to  Christ  the 
Church  is  a  kingdom,  in  the  inter-relations  of  its 
members  it  is  neither  a  monarchy  or  oligarchy, 
nor  a  democracy,  but  a  commonwealth.  But  this 
power  the  people  exercise,  not  in  appointing  the 


26  Chap.  II.,  Sec.  Ill,  Par.  2.  16 

officers,  but  in  choosing  those  whom  Christ  has 
appointed  and  in  rejecting  usurpers  that  he  has 
not  appointed.  Only  so  far ;  for  all  the  powers  of 
the  Church  are  to  be  administered  by  officers.  (Cf. 
Par.  4.) 

As  the  Church  is  a  spiritual  commonwealth,  the 
members  thereof  do  not  as  such  own  material  pro- 
perty in  common. 

And  the  power  is  wholly  spiritual;  that  is,  it 
cannot  apply  physical  force  or  extend  matenal  re- 
wards and  penalties. 

16. —II.  Ecclesiastical  power,  which  is  wholly  spiritual, 
is  twofold:  the  officers  exercise  it  sometimes  severally,  as  in 
preaching  the  gospel,  administering  the  sacraments,  reproving 
the  erring,  visiting  the  sick,  and  comforting  the  afflicted,  which 
is  the  power  of  order ;  and  they  exercise  it  sometimes  jointly  in 
Church  courts,  after  the  form  of  judgment,  which  is  the  power 
of  jurisdiction. 

This  must  not  be  understood  to  contradict  para- 
graph five.  Even  in  exercising  the  power  of  order, 
that  is,  power  that  the  individual  has  been  or- 
dained to  exercise,  he  is  subject  to  the  orders  of 
the  court  and  to  its  review  and  control;  hence, 
what  he  does  severally,  that  is,  as  an  individual 
officer,  he  does  as  the  agent  of  a  court.  This  is 
true  even  of  deacons,  since  they  act  under  the  im- 
mediate control  of  the  Session.  And  so  all  official 
acts  are  as  such  to  be  according  to  the  judgment  of 
the  court  having  jurisdiction.  But  the  power  of 
jurisdiction  itself  cannot  be  committed  to  an  indi- 
vidual officer.  For  even  official  reproof  of  the  err- 
ing by  an  individual  officer  cannot  affect  the  eccle- 
siastical standing  of  the  reproved.  But  it  is 
important  to  note  that  the  exercise  of  ecclesiastical 
power  is  not  unofficial  when  it  is  exercised  sever- 
ally any  more  than  when  it  is  exercised  jointly. 


17  Chap.  II.,  Sec.  III.,  Par.  3.  27 

While  the  Church  is  a  kingdom  and  govern- 
ment, it  is  as  such  wholly  distinct  from  the  civil 
government.     What,  then,  can  its  office  be? 

17. — III.  The  sole  functions  of  the  Church,  as  a  kingdom 
and  government  distinct  from  the  civil  commonwealth,  are  to 
proclaim,  to  administer,  and  to  enforce  the  law  of  Christ  re- 
vealed in  the  Scriptures. 

Three  functions,  though  really  running  into  one 
another  in  action,  are  distinguished:  to  proclaim 
law,  which  is  not  legislation,  but  the  publication  of 
law;  to  administer  law,  which  is  judicially  to  praise 
and  censure  actions  as  conforming  or  contrary  to 
law,  and  to  enforce  law,  which  is  the  infliction  of 
penalty  for  violation  of  law.  The  nature  of  penal- 
ties that  the  Church  may  inflict  is  not  in  this  para- 
graph defined ;  the  law  with  which  church  govern- 
ment concerns  itself  is  carefully  limited.  It  is  not 
the  will  of  the  Church  or  of  its  officers,  but  only  the 
law  of  Christ,  nor  is  it  the  law  of  Christ  known,  or 
supposed  to  be  known,  in  any  way,  but  only  the 
law  of  Christ  revealed  in  the  Scriptures.  The  law 
there  revealed,  and  that  only.  The  Church  may 
require  nothing  that  Christ  in  the  Scriptures  does 
not  require ;  and  the  Church  may  endorse  nothing 
that  Christ  does  not  in  the  Scriptures  teach.  Em- 
phatically is  nothing  to  be  enforced  because  it  is 
in  the  subordinate  standards  unless  it  is  in  the 
Scriptures.  But  the  Church  is  not  inhibited  from 
formulating  Christ's  law  as  given  in  the  Scriptures; 
only  it  must  be  mere  formulation  of  his  law  already 
thus  revealed,  and  not  some  extra-scriptural  regu- 
lation. 

The  proclaiming,  administering  and  enforcing  of 
this  law  is  not  only  the  function  of  the  Church,  but 
the  only  function  of  the  Church  as  a  government. 


28  Chap.  II.,  Sec.  III.,  Par.  4.  18 

The  scope  of  the  Church's  work  is  broader. 

18. — IV.  The  Church,  with  its  ordinances,  officers  and 
courts,  is  the  agency  which  Christ  has  ordained  for  the  edifica- 
tion and  government  of  his  people,  for  the  propagation  of  the 
faith,  and  for  the  evangelization  of  the  world. 

The  meaning  is  not  that  the  Church  and  its  ordi- 
nances, etc.,  but  that  the  Church,  is  the  agency, 
and  that  to  the  Church,  as  equipment  for  its  work, 
have  been  given,  besides  its  life  in  all  its  members 
in  varied  forms  and  relations,  especially  ordinances, 
which  are  in  the  Scriptures,  and  officers  and  courts. 
The  Church,  then,  and  not  the  government  of  the 
Church,  is  the  agency  which  Christ  has  ordained 
for  this  end :  the  edification  and  government  of  his 
people,  the  propagation  of  the  faith  from  genera- 
tion to  generation,  and  the  evangelization  of  the 
world.  This  work  of  edification  and  evangelization 
is  not  the  work  of  church  officials  alone,  but  of  the 
whole  Church ;  and  it  is  not  a  work  for  voluntary 
combinations  of  saints  and  others  to  do,  but  for  the 
Church  only.  While  work  done  by  members  of 
the  Church  in  voluntary  societies  among  them- 
selves, more  or  less  apart  from  ecclesiastical  organi- 
zation, is  work  done  by  the  Church,  yet  organiza- 
tions, to  do  what  the  Church  as  an  organization 
may  do,  tend  to  weaken  and  belittle  the  Church. 
Whatever  is  accomplished  by  organizations  and 
societies  for  the  edification  of  saints  and  the  evan- 
gelization of  the  world,  is  not  due  to  their  not 
being  Church  so  much  as  to  the  Church's  putting 
forth  its  energies  in  them. 

An  exercise  of  ecclesiastical  power,  though 
put  forth  by  courts  or  officers  appointed  according 
to  the  Scriptures,  fails  of  the  divine  sanction,  un- 


19       Chap.  II.,  Sec.  III.,  Par.  5 ;  Sec.  IV.        29 

less  it  conforms  to  the  lav/  of  Christ ;  and  likewise 
will  it  fail  of  this  sanction  as  an  exercise  of  power, 
however  fully  it  otherwise  conforms  to  his  law,  if 
it  is  put  forth  by  the  unauthorized.     For 

19. — V.  The  exercise  of  ecclesiastical  power,  whether  joint  or 
several,  has  the  divine  sanction,  when  in  conformity  with  the 
statutes  enacted  by  Christ,  the  Lawgiver,  and  when  put  forth 
by  courts  or  ofificers  appointed  thereunto  in  his  Word. 

And  this  holds  even  when  the  persons  are  in  an 
office  to  which  Christ  has  not  really  appointed 
them  by  his  Spirit,  but  when  he  has  appointed  the 
office  in  his  Word,  and  they  have  come  into  the 
office  in  the  govermental  method  prescribed  in 
Scripture.  And  it  is  important  to  remember  that 
to  resist  official  authority,  put  forth  within  the  lim- 
itations here  indicated,  even  by  men  secretly  wicked 
themselves,  is  to  resist  Christ  in  his  official  dignity. 
Section  IV. — OftTie  Particular  CJiurcJi. 

The  term  local  would  not  be  so  precise  as  the 
term  particular ;  for,  if  in  the  same  place  there  are 
two  churches,  whose  members  live  among  one 
another,  the  one  could  not  be  distinguished  from 
the  other  by  locality;  for  two  churches,  worship- 
ping each  in  a  language  not  understood  by  the 
members  of  the  other,  might  worship  even  in  the 
same  building.  And  "particular"  happily  desig- 
nates the  church  as  a  part  of  the  Church. 

After  defining  a  particular  church  in  the  first 
paragraph,  and  naming  its  officers  and  indicating 
their  functions  in  the  next  three  paragraphs,  the 
section,  properly,  enumerates  its.  ordinances  in  the 
fifth  paragraph.  In  close  connection  with  this  is 
added  a  sixth  paragraph,  on  what  ordinances  a 
church  is  to  observe  when  without  a  Pastor. 


30  Chap.  II.,  Sec.  IV.,  Par.  1.  20 

20. — I.  A  particular  church  consists  of  a  number  of  pro- 
fessing Christians,  with  their  offspring,  associated  together  for 
divine  worship  and  godly  living,  agreeaVjly  to  the  Scriptures, 
and  submitting  to  the  lawful  government  of  Christ's  kingdom. 

The  language,  "  professing  Christians  with  their 
offspring,"  applies  the  principle  of  paragraph  3  to 
a  particular  church.  Besides  this,  five  points  are 
to  be  noticed:  (a),  One  professing  Christian  can- 
not be  a  church;  it  requires  a  number.  And  jet, 
supposing  a  church  loses  its  members  until  only 
one  remains,  is  he  a  church?  Strictly,  while  he  is 
a  member  of  the  Church,  he  is  not  a  member  of  a 
church ;  and  yet  Presbytery  might,  in  such  a  case, 
continue  the  name  of  the  church  on  its  roll  as  having 
in  the  one  member  a  potential  nucleus  of  a  church. 
But  he  certainly  continues  a  member  of  the  Church. 
(h),  It  is  not  any  church  members  put  down  in 
the  same  list  that  constitute  a  church,  but  they 
must  be  associated  together,  {c),  They  must  be 
associated  together  for  divine  worship  and  godly 
living.  An  association  of  such  characters  for  con- 
ducting a  certain  industry  would  not  be  a  church; 
but  the  object  of  their  association  must  be  twofold. 
The  first  is  divine  worship.  This  must  be  the  main 
object  of  the  association  in  its  meetings  together; 
for,  though  the  association  were  for  godly  living, 
and  its  meetings  mainly  for  the  study  of  the  Scrip- 
tures, rather  than  for  worship,  it  would  not  be  a 
church.  On  the  other  hand,  an  association  that 
aimed  at  worship,  without  godly  living,  would  be 
the  mockery  of  a  church.  (5),  They  must  be  asso- 
ciated for  these  objects  agreeably  to  the  Scriptures. 
This  must  not  be  pressed  so  far  as  to  contravene 
the  principles  laid  down  in  paragraphs  3  and  7; 


21,  23      Chap.  II.,  Sec.  IV.,  Par.  2,  3.  31 

and  yet  an  association  fails  of  the  idea  of  a  churcli 
just  so  far  as  it  does  not  proceed  agreeably  to  the 
Scriptures,  (e),  The  association  must  submit  to 
the  lawful  government  of  Christ's  kingdom ;  for  so 
far  as  any  association  is  rebellious  against  the  law- 
ful authority  of  Christ's  kingdom,  it  is  the  contra- 
diction of  a  church.  Yet  it  must  not  be  forgotten 
that  bona  Jide  submission  to  Christ  is  submission  to 
the  lawful  government  of  his  kingdom  in  its  source 
and  essence.  Perfect  submission  to  this  lawful 
government  involves  submission  to  courts  of  Pres- 
byters over  many  churches.     (Cf.  pars.  5  and  7.) 

21. — II.  Its  officers  are  the  Pastor,  the  Ruling  Elders,  and 
the  Deacons. 

This  implies  that,  ordinarily,  a  particular  church 
should  have  one  Pastor,  but  a  plurality  of  Ruling 
Elders  and  of  Deacons.  A  church  has  no  other 
officers  than  these;  therefore  trustees,  Sunday- 
school  officers,  society  officers,  etc.,  are  not  officers 
of  the  church,  nor  independent  of  the  control  of  the 
proper  officers. 

22. -III. 
And  the  Deacons  have  no  authority  of  rule  what- 
ever. 

Its  jurisdiction  being  a  joint  power, 

as  is  all  ecclesiastical  jurisdiction, 

is  lodged  in  the  hands  of  the  Church  Session,  consisting  of  the 
Pastor  and  Ruling  Elders. 

This  jurisdiction  is  not  committed  to  the  Pastor 
acting  severally,  nor  to  the  membership  generally, 
but  to  the  Session,  which  is  a  Presbytery,  that  is, 
a  court  of  Presbyters.  (Cf.  par.  5.)  And  no  one 
can  be  a  member  of  the  Session,  or  have  a  vote 


32  Chap.  II.,  Sec.  IV.,  Par.  4.  23 

therein,  unless  he  is  the  Pastor  or  a  Billing  Elder 
of  the  church. 

23. — IV.  To  the  Dea;;oDS  belong  the  administration  of  the 
offerings  for  the  poor  and  other  pious  uses.  To  them,  also, 
may  be  properly  committed  the  charge  of  the  temporal  affairs 
of  the  Church. 

Over  against  the  opinion  that  the  function  of  the 
Deacons  is  limited  to  the  care  of  the  poor,  this 
affirms  that  to  them  belongs  the  administration,  not 
only  of  the  offerings  for  the  poor,  but  also  of  the 
offerings  for  other  pious  uses.  The  making  of  of- 
ferings is  a  part  of  the  worship,  and  the  adminis- 
tration of  these,  that  is,  the  application  of  them  to 
their  uses,  cannot  be  taken  from  the  Deacons  with- 
out depriving  them  of  their  office.  But,  while  it 
may  be  assumed  that  the  kingdom  of  Christ  can 
have  no  temporal  interest  or  property  except  in 
these  offerings  and  the  investment  of  them,  yet  it 
comes  about  that  the  use  and  control  of  these  tem- 
poral interests  and  properties  are,  on  the  one  side, 
matters  of  purely  secular  business,  but,  on  the 
other,  not  separable  altogether  from  the  govern- 
ment of  the  kingdom  in  its  spiritual  activities. 
Therefore  the  charge  of  temporal  affairs,  that  is, 
the  management  of  them,  the  courts  of  Presbyters 
may  retain  in  their  own  hands,  or  may  commit  to 
the  Deacons  under  such  limitations  and  directions 
as  will  not  impair  the  full  control  of  the  courts 
over  all  matters.  This  principle  may  be  applied, 
not  only  in  the  particular  church,  but  also  in  the 
Church  at  large ;  for  just  as  Euling  Elders,  though 
primarily  officers  of  the  particular  church,  are 
called  to  assist  in  the  government  of  the  Church 
generally,  so  may  the  Deacons,  though  primarily 


23  Chap.  II.,  Sec.  IY.,  Par.  4.  33 

officers  of  the  particular  church,  be  called  to  the 
charge  of  the  temporal  affairs  of  the  whole  Church. 
Three  principles,  then,  are  stated :  that  to  the 
Deacons  may  be  committed  the  charge  of  temporal 
affairs,  as  well  as  the  mere  administration  of  them ; 
the  charge  of  temporal  affairs  generally,  as  well  as 
of  the  immediate  administration  of  offerings;  and 
the  charge  of  the  temporal  affairs  of  the  whole 
Church  as  well  as  of  the  particular  church.  Of 
course,  this  commitment  should,  in  each  case,  be 
by  the  court  of  Presbyters  having  authority  over 
the  interests  thus  committed. 

The  Form  of  Government  says  nothing  about 
trustees,  because  the  only  officers  are  Pastor,  Rul- 
ing Elder,  and  Deacon.  To  observe  the  institu- 
tions of  government  and  administration  as  ordained 
by  Christ,  the  trustees  necessary  as  a  legal  instru- 
ment under  the  laws  of  the  civil  government  should 
either  be  the  Session  ex  officio,  or,  if  the  Session 
commits  the  charge  of  the  temporal  affairs  to  the 
Deacons,  the  Deacons  ex  officio,  or  appointees  of 
the  Session,  with  no  authority  whatever  except  to 
legally  execute  what  the  Session  may  authorize. 
And  if  the  civil  laws  happen  to  require  that  the 
trustees  be  elected  by  the  body  of  members,  then 
the  Session,  the  Deacons,  or  nominees  of  the  Ses- 
sion, should  always  be  elected.  It  does  not  be- 
long to  the  congregation  to  determine  questions  in 
temporal  affairs,  for  the  sole  government  is  vested 
in  the  Session;  but,  as  the  Session  may  commit 
the  charge  of  temporal  affairs  to  the  Deacons,  so  it 
may  consult  with  the  congregation  as  to  these  af- 
fairs, and,  indeed,  as  to  all  concerns.  Since  the 
Pastor  is  a  member  of  the  Session,  he  ought  to 
3 


34  Chap.  II.,  Sec.  IV.,  Par.  5.  24 

have  the  same  authority  and  responsibility  for  the 
management  of  temporal  affairs  as  any  other  mem- 
ber of  the  Session. 

I  am  expounding  the  rule  of  the  Church  as  here 
laid  down,  and  not  the  practice. 

24. — V.    The  ordinances  established  by  Christ,  the  Head, 
in  his  Church,  are 

nine  in  number : 

1,  prayer, 

a  form  of  worship  in  which  all  are  to  engage  either 
audibly  or  silently ; 

3,  singing  praises, 

which  differs  from  prayer  more  in  the  manner  of 
the  expression  than  in  the  matter  of  it,  though  pe- 
tition is  the  prevalent  element  in  prayer,  and  praise 
in  song,  and  in  which  those  that  cannot  sing  with 
the  voice  may  yet  join  in  attention  and  consent; 

3,  reading,  expounding,  and  preaching  the  Word  of  God, 

in  which  not  only  the  reader,  expounder,  or 
preacher  worships,  but  also  the  hearer,  if  he  listens 
to  it  not  as  the  word  of  men,  but  as  the  word  of 
God; 

4,  administering  the  sacraments  of  baptism  and  the  Lord's 
supper, 

in  which  not  only  the  administrator  and  the  imme- 
diate participants  worship,  but  any  spectator  that 
reverences  God  and  his  will  as  set  forth  in  these 
ordinances ; 

5,  public  solemn  fasting  and  thanksgiving, 

in  which  all  may  immediately  participate,  as  well 
as  through  attention  and  consent; 
G  catechising, 


25  Chap.  II.,  Sec.  IY.,  Par.  6.  35 

which  is  a  form  of  instruction  helpful  to  all  that 
listen,  and  a  form  of  worship  to  ail  that  even  listen 
with  consent; 

7,  making  offerings  for  the  relief  of  the  poor,  and  for  other 
pious  uses, 

in  which  all  should  join  according  to  their  several 
ability,  or,  if  unable  to  make  an  outward  offering, 
with  their  consent  and  desire,  and  which  is  worship 
if  done  in  expression  of  reverence  toward  God ; 

8,  exercising  discipline, 

which  is  worship  to  all  who  act  in  it  or  witness  it 
with  reverence  for  God  as  thus  manifesting  his  will 
and  authority ; 

and,  9,  blessing  the  people, 

which  is  worship  to  him  that  pronounces  the  bless- 
ing, and  to  him  that  accepts  it  in  reverence  for  God 
thus  declaring  his  mind.  All  these  are  parts  of 
worship,  and  of  joint  worship ;  and  this  and  godly 
living  are  w^hat  the  members  of  a  particular  church 
are  associated  together  for.  These  are  all  to  be 
done  in  the  assembled  church,  but  only  as  acts  of 
worship;  and  only  these  are  to  be  done. 

The  election  of  officers  by  the  people  lying  back 
of  the  exercise  of  all  official  functions  in  the 
church's  ordinances  is  included  in  them,  and  the 
term  discipline  is  to  be  understood  here  in  its 
broadest  sense,  as  indeed  all  these  terms. 

25. — VI.  Churches  destitute  of  the  ofBcial  ministrations  of 
the  Word  ought  not,  therefore,  to  forsake  the  assembling  of 
themselves  together,  but  should  be  convened  by  the  Session 
on  the  Lord's  day,  and  at  other  suitable  times,  for  prayer, 
praise,  the  reading  of  the  Holy  Scriptures,  and  exhortation,  or 
the  reading  of  a  sermon  of  some  approved  minister. 


36  Chap.  II.,  Sec.  V.,  Par.  6.  25 

It  being  assumed  that  the  Session  exists  even 
when  there  is  no  Pastor  or  when  the  Pastor  is 
absent,  this  paragraph  makes  it  clear  that  Killing 
Elders  as  such  are  not  official  ministers  of  the 
Word.  A  comparison  of  the  acts  of  worship  in 
which  a  church  should  engage  when  having  no 
minister  might  seem  to  show  that  the  participation 
of  a  minister  is  required  for  expounding  and  preach- 
ing the  Word,  for  administering  the  sacraments, 
for  fasting  and  thanksgiving,  for  catechising,  for 
making  offerings,  for  exercising  discipline  and  for 
blessing  the  people ;  but  as,  manifestly,  not  all  of 
these  are  meant  to  be  inhibited  in  the  absence  of  a 
minister,  we  must  understand  this  paragraph  as 
stating  the  minimum  that  should  be  done  in  the 
absence  of  a  minister,  and  not  the  niaximum.  This 
minimum  is,  besides  prayer,  praise  and  the  reading 
of  the  Scriptures,  either  exhortation  or  the'  reading 
of  a  sermon. 

It  is  the  Session  that  should  convene  the  church. 

A  church  should  be  convened  not  only  on  the 
Lord's  day,  but  also  at  other  suitable  times. 

In  like  manner,  Christians  whose  lot  is  cast  in  destitute 
regions  ought  to  meet  for  the  worship  of  God. 

This  holds  not  only  when  there  is  no  minister,  but 

also  when  there  is  no  other  officer,  and  even  when 

there  is  no  formal  organization.    It  must  hold  also 

when  there  are  nominal  officers  that  do  not  act. 

Section  V. — Of  the  Organization  of  a  Particular  Church. 

The  first  paragraph  prescribes  the  preliminary 
determination  of  the  membership;  the  second 
states  the  act  of  organizing;  and  the  third  pro- 
vides for  officering  the  church. 


26  Chap.  II.,  Sec.  V.,  Par.  1.  37 

36. — I.  In  the  organization  of  a  particular  church,  the 
first  step  shall  be  to  receive  testimonials  on  behalf  of  such  of 
the  applicants  as  are  members  of  the  Church,  if  there  be  any, 
and  then  to  admit,  upon  a  profession  of  faith  in  Christ,  such 
candidates  as  on  examination  shall  be  found  qualified. 

It  is  implied,  of  course,  that  the  testimonials 
shall  be  passed  upon,  and  that,  if  the  testimonials 
are  found  satisfactory,  the  persons  applying  upon 
them  shall  be  admitted ;  but  if  the  testimonials  are 
not  found  satisfactory,  the  persons  must  not  be 
admitted,  or,  if  admitted,  they  must  be  admitted 
upon  profession  of  faith.  The  reason  for  receiv- 
ing testimonials  from  those  already  members  of 
the  Church  are  two :  first,  that  the  previous  mem- 
bership in  the  Church  may  not  be  ignored  or  be- 
littled, which  would  tend  to  depreciate  the  dignity 
of  membership  in  the  Church;  and  second,  to  give 
due  recognition  to  the  official  actions  of  those  par- 
ticular churches  or  branches  of  the  Church  from 
which  the  persons  come,  thus  promoting  the  unity 
and  fellowship  of  the  visible  Church .  This  principle 
requires  that  no  persons  underjust  ecclesiastical  cen- 
sure shall  be  admitted  into  a  new  church  until  they 
have  been  relieved  of  that  censure  by  the  authorities 
having  jurisdiction  over  them,  or,  if  time  and  dis- 
tance render  this  impracticable,  until  they  satisfy 
the  authorities  organizing  the  church  of  due  re- 
pentance ;  and  the  organizing  authority  should  be 
very  slow  to  decide  that  an  ecclesiastical  censure 
imposed  by  another  authority  is  not  just.  It  is  to 
be  observed  that  the  Church  does  not  mean  the 
Presbyterian  Church  in  the  United  States,  but  the 
visible  Church  catholic. 

The  second  step  is  to  admit,  upon  a  profession  of 


38  Chap.  II.,  Sec.  Y.,  Par.  2.  27 

faith  in  Christ,  such  candidates  as  may  be  found 
qualified.  The  qualification  does  not  lie  in  holding 
correct  opinions  about  Christ,  but  in  having  faith 
in  him.  No  amount  of  ignorance  or  error  should 
exclude  where  there  is  reasonable  evidence  of 
saving  faith.  On  the  other  hand,  no  one  should 
be  admitted  who  does  not  give  such  evidence. 

The  mere  formal  fact  of  presenting  testimonials 
regular  in  form  does  not  make  it  necessary  or  ad- 
visable to  admit  into  a  church  persons  that  do  not 
have  this  saving  faith.  The  reality  is  more  than 
the  form.     But  see  paragraph  67. 

It  is  implied,  of  course,  that  any  of  these  per- 
sons that  have  not  been  baptized  shall  receive 
baptism  before  the  formal  organization  takes  place. 
It  is  interesting  to  note  that  all  the  persons  to  be 
organized  together  in  a  particular  church  become 
members  of  the  Church  catholic  before  they  become 
members  of  the  particular  church. 

No  provision  is  here  made  for  enrolling  non- 
communicating  members;  but  the  principles  else- 
where stated  would  require  that  a  list  of  all  such 
that  come  properly  under  the  care  of  the  particular 
church  be  enrolled,  though  not  taking  the  covenant 
prescribed  in  the  next  paragraph. 

27. — II.  These  persons, 

not  their  children, 

should,  in  the  next  place,  be  required  to  enter  into  covenant, 
by  answering  the  following  questions  affirmatively,  with  the 
uplifted  hand,  viz. :  "Do  you,  in  reliance  on  God  for  strength, 
solemnly  promise  and  covenant  that  you  will  walk  together  as 
an  organized  church,  on  the  principles  of  the  faith  and  order  of 
the  Presbyterian  Church,  and  that  you  will  study  the  purity 
and  harmony  of  the  whole  body?"  The  presiding  minister 
shall  then  say :    "I  now  pronounce  and  declare  that  you  are 


27  Chap.  II.,  Sec.  V.,  Par.  2.  39 

constituted  a  church  according  to  the  Word  of  God  and  the 
faith  and  order  of  the  Presbyterian  Church  in  the  United 
States.  In  the  name  of  the  Father  and  of  the  Son  and  of  the 
Holy  Ghost.     Amen." 

That  the  answer  shall  be  given  with  the  uplifted 
hand  rather  than  in  some  other  way  is,  of  course, 
not  essential,  but  only  recommended  as  a  conve- 
nient way  for  order  and  concert;  but  that  an 
affirmative  answer  be  given  is  essential  to  persons 
being  counted  as  entitled  to  full  standing  as  mem- 
bers. If  any,  after  being  found  qualified  upon 
confession,  should  then  refuse  to  assent  to  this 
covenant,  this  refusal  would  be  sufficient  ground 
for  the  organizing  authority  to  reverse  its  decision 
as  to  their  being  qualified,  and '  accordingly  omit 
their  names  without  further  proceeding.  If  any 
accepted  on  testimonials  should  refuse  to  take  the 
covenant,  they  would,  by  that  refusal,  remain  in 
the  same  ecclesiastical  connection  as  before  their 
original  application.  If  any  accepted  on  testimo- 
nials or  on  profession  are  absent  at  the  time  of  the 
taking  of  the  covenant,  but  signify  to  the  organiz- 
ing authority  their  willingness  to  l3e  bound  by  the 
covenant,  it  would  be  proper  for  the  organizing 
authority  to  enroll  them  as  members  of  the  new 
church;  but  all  persons  not  enrolled  by  the  or- 
ganizing authority  as  members  of  the  new  church 
remain  in  their  previous  ecclesiastical  relation, 
although  they  may  have  applied  for  admission  with 
the  first  members;  and  if  they  still  desire  to  be 
members  of  the  new  church,  must  be  admitted  by 
the  Session  of  it  or  by  whatever  authority  acts  in 
place  of  the  Session. 

While  the  minister  pronounces  those  who  take 


40  Chap.  II.,  Sec.  V.,  Par.  2.  27 

the  covenant  to  be  constituted  a  church,  it  is  un- 
derstood that  their  children  with  them  are  mem- 
bers of  the  same  church. 

The  covenant  binds  to  three  things :  First,  that 
they  walk  together  as  an  organized  church,  an  or- 
ganization and  not  a  mere  association,  and  an  or- 
ganization for  divine  worship  and  godly  living 
(paragraph  20);  that  they  will  as  an  organized 
church  go  according  to  the  principles  of  the  faith 
and  order  of  tlie  Presbyterian  Church,  that  is,  ac- 
cording to  the  principles  of  the  Presbyterian  sys- 
tem in  both  its  doctrinal  and  governmental  aspects ; 
and  that  they  will  study  the  purity  and  peace  of 
the  whole  body  of  the  Presbyterian  Church  as  well 
as  of  the  particular  church.  In  taking  this  cove- 
nant, they  do  not  profess  that  they  believe  these 
Presbyterian  principles,  but  that  they  are  willing 
as  an  organized  church  to  act  according  to  them. 
This,  it  is  true,  involves  their  own  individual  belief 
of  these  principles  so  far  that,  in  their  duties  as 
members,  nothing  v/ill  conflict  with  their  conscien- 
tious convictions  of  what  Christ  commands  them. 
Any  one  may,  therefore,  enter  into  this  covenant  if 
his  beliefs  are  such  that  the  Presbyterian  Church 
will  require  nothing  of  its  member  that  he  thinks  it 
wrong  for  him  to  do.  But  each  one  must  judge 
for  himself  whether  he  can,  in  good  conscience 
toward  Christ,  take  this  church  covenant. 

By  Presbyterian  Church  in  the  covenant  is  in- 
tended exactly  the  Presbyterian  Church  in  the 
United  States,  as  appears  from  what  the  presiding 
minister  is  to  pronounce.  His  pronouncement  is 
that  the  organization  is  a  church  in  the  sense  in 
which  the  term  is  used  in  the  Scriptures,  and  in 


28  Chap.  II.,  Sec.  V.,  Par.  3.  41 

the  sense  in  which  it  is  used  in  the  standards  of 
this  denomination.  ^'  In  the  name  of  the  Father," 
etc.,  quoted  from  the  baptism  formula,  serves  as  a 
recognition  of  the  Trinity  in  this  solemn  consum- 
mation of  the  organization  of  the  church.  If  by 
oversight  or  otherwise  this  whole  pronouncement 
were  omitted  or  altered,  that  would  not  undo  or 
render  incomplete  the  organization  of  the  church. 

28. — III.  Ruling  Elders  and  Deacons  are  then  to  be  elected, 
ordained  and  installed. 

The  church  is  an  organized  church  before  this 
election  (and,  accordingly,  remains  an  organized 
church  when  it  loses  its  officers),  the  minister  at 
the  organization  being  directed  to  pronounce  it  an 
organized  church  before  proceeding  to  the  election 
of  officers;  but  its  organization  is  not  perfected 
until  it  is  fully  officered.  The  organizing  authority 
does  not  remain  in  immediate  guidance  through 
the  election  of  a  Pastor,  for  the  reason  that  a 
church  with  Kuling  Elders  is  fully  equipped  for 
the  calling  of  a  Pastor.  The  organizing  authority, 
however,  may  remain  in  immediate  supervision 
through  the  making  of  Deacons,  for  the  reason 
that  a  Session  in  which  there  is  no  Minister  is 
not  competent  to  ordain  Deacons  according  to 
paragraph  112. 

This  section  imposes  a  church  covenant,  and 
thereby  decides  three  points :  First,  that  it  may  be 
right  to  use  special  covenants  for  the  sake  of  or- 
ganization to  work  together  in  doing  something 
together  that  Christ  requires  to  be  done  together; 
that  it  is  right  to  require  of  those  that  wish  to 
come  into  church  organization  with  us  that  they 
will  with  us  in  the  organization  do  what  Christ 


42  Chap.  III.,  Pak.  1.  29 

commands  to  be  done  by  church  organization ;  and 
that  Christ  does  require  that  an  organized  church 
proceed  according  to  the  principles  of  the  faith 
and  order  of  the  Presbyterian  Church.  Persons 
are  thus  excluded  from  the  Presbyterian  Church  in 
order  that  the  members  of  the  Presbyterian  Church 
may,  as  organized,  obey  Christ.  But  persons  thus 
excluded  from  the  Presbyterian  Church  are  not 
thereby  excluded  from  the  Church.  This  is  de- 
nomination alism  as  believed  and  practiced  by  us; 
the  right  and  duty  of  all,  pending  agreement,  to 
obey  Christ  in  the  activities  of  church  organization 
according  to  their  several  convictions  of  what 
Christ  does  command. 


CHAPTEK  III. 
CHAPTER  III.— Of  Chtiech  Members. 

This  chapter  is  but  an  enlargement  of  para- 
graph 3,  entering  more  minutely  into  the  privi- 
leges of  the  different  sorts  of  members.  As  these 
are  infants,  adults  that,  being  members  as  infants, 
have  not  made  a  profession  of  faith,  and  professors 
of  faith,  the  chapter  falls  into  three  paragraphs. 

29. — I.  The  infant  seed  of  believers  are,  through  the  cove- 
nant and  by  right  of  birth,  members  of  the  Church. 

And  this  is  true  whether  or  not  their  membership 
is  acknowledged,  and  whether  or  not  they  are 
members  of  some  organized  church. 

Hence  they  are  entitled  to  baptism, 

which  does  not  render  them  members,  but  the  ad- 


30,  31  Chap.  III.,  Pars.  2,  3.  43 

ministration  of  it  to  them  recognizes  that  they  are 
members, 

and  to  the  pastoral  oversight,  instruction  and  government  of 
the  Church,  with  a  view  to  their  embracing  Christ,  and  thus 
possessing  personally  all  the  benefits  of  the  covenant. 

The  obligations  of  the  covenant  of  Jehovah  with 
parents  that  have  faith,  to  be  a  God  to  them  and 
their  children,  remains  in  full  force  of  its  obliga- 
tions upon  both  him  and  the  children;  but  he 
must,  by  the  very  terms  of  that  covenant,  exclude 
from  eternal  salvation  all  who  will  not  embrace 
Christ.  And  the  Church  is  bound  to  give  to  these 
children  pastoral  oversight,  instruction  and  govern- 
ment, with  a  view  to  their  embracing  Christ.  The 
children  of  the  saints  are  to  be  to  the  Church  and 
its  officers  somewhat  different  from  the  children  of 
the  profane.  It  is  a  grievous  omission  when  no 
teaching  is  provided  for  the  one  except  what  is 
provided  for  the  other  class  of  children ;  and  thus 
the  very  advantage  of  persuading  them  through 
their  covenant  obligations  is  lost. 

30. — II.  All  baptized  persons 

however  long  they  may  have  persisted  in  not  em- 
bracing Christ, 
are 

by  re^ison  of  the  covenant  still  binding  upon  all 
the  parties, 

entitled  to  the  watchful  care,  instruction  and  government  of 
the  Church,  even  though  they  are  adults,  and  have  made  no 
profession  of  their  faith  in  Christ. 

31  —III  Those  only  who  have  made  a  profes^on  of  faith 
in  Christ  are  entitled  to  all  the  rights  and  privileges  of  the 
Church. 


44  Chap.  IV.,  Sec.  I.,  Par.  1.  32 

For  if  they  are  not  yet  competent  to  act  for  them- 
selves, there  are  some  rights  and  privileges  that 
they  are  not  yet  capable  of  exercising  and  enjoy- 
ing ;  and  much  more  is  this  so  if  they  neglect  to 
have  faith  in  Christ.  They  cannot  be  recognized 
as  having  this  faith  if  they  do  not  profess  it. 


CHAPTEK'IV. 

Of  Chuech  Officers. 

Enlarging  upon  paragraph  4,  this  chapter  has  a 
preliminary  section  on  the  classification  of  these 
officers,  followed  by  three  sections  on  the  three 
classes  of  officers. 

Section  I. — Of  their  General  Classification. 

There  are  three  paragraphs  :  one  on  extraordinary 
officers  that  have  ceased;  another  on  the  perma- 
nent officers;  and  a  third  against  assuming  any 
titles  or  functions  beyond  what  the  Scripture 
assigns. 

33.— I.  Under  the  New  Testament, 

it  being  here  assumed  that  the  order  of  the  Church 
under  the  previous  dispensation  does  not  now  ob- 
tain except  so  far  as  it  continued  into  and  through 
the  change  from  that  dispensation  to  this, 

our  Lord  at  first  collected  his  people  out  of  different  nations, 
and  united  them  to  the  household  of  faith  by  the  mission  of 
extraordinary  officers,  endued  by  miraculous  gifts,  which  have 
long  since  ceased. 

And  since  the  miraculous  gifts  have  ceased,  all 
classes  of  officers  having  functions  that  require 
miraculous  gifts  have  also  ceased. 


33  Chap.  IY.,  Sec.  L,  Par.  2.  45 

33. — II,  The  whole  polity  of  the  Church  consists  in  doc- 
trine, government  and  distribution. 

By  polity  is  meant  activity  as  an  organization. 
This  whole  activity  consists  in,  or  the  sole  work  of 
the  organized  Church  is  limited  to,  doctrine,  which 
is  teaching  or  proclaiming  the  law  of  Christ  re- 
vealed in  the  Scriptures ;  government,  which  is  ad- 
ministering and  enforcing  this  law  (par.  17) ;  and 
distribution,  which  is  the  application  of  the  mate- 
rial offerings  presented  in  the  worship  that  the 
Church  maintains  in  obedience  to  this  law.  And 
as  the  Church  has  nothing  else  to  do  but  these 
three  things,  so  it  needs  only  the  three  classes  of 
officers  corresponding  to  these  three  functions. 

And  the  ordinary  and  perpetual  officers  in  the  Church  are' 
Teaching  Elders,  or  Ministers  of  the  Word,  who  are  commis" 
sioned  to  preach  the  gospel  and  administer  the  sacraments, 
and  also  to  rule ;  Ruling  Elders,  whose  office  is  to  wait  on 
government ;  and  Deacons,  whose  function  is  the  distribution 
of  the  offerings  of  the  faithful  for  pious  uses. 

The  philosophy  of  the  classification  is  this,  that 
government  and  distribution  are  ways  or  means 
of  teaching,  or  means  of  preserving  the  Church  as 
a  teaching  organization;  and  all  the  functions  of 
the  organized  Church  may  be  reduced  to  one, 
TEACHING  and  what  is  necessary  thereto.  The  offi- 
cial teacher,  then,  has  also  ex  officio  the  powers  of 
government  and  distribution.  So  far  as  this  teach- 
ing takes  the  form  of  ruling,  there  are  joined  with 
the  teaching  elders  other  elders,  that,  while  not 
having  the  teaching  office  in  its  fullest  scope,  have 
it  on  its  governmental  side.  And  these  officers,  as 
rulers,  must  either  themselves  distribute  the  offer- 
ings, or  have  it  done  under  their  supervision ;  and 
for  this  function  the  deacons  are  provided.     It  is, 


46  Chap.  IV.,  Sec.  I., Par.  3,  Sec.il,  Par.  1.    34,35 

therefore,  the  office  of  the  Deacons  to  relieve  the 
Elders  of  the  care  of  the  secular  affairs  of  the 
Church,  and  it  is  the  office  of  the  Euling  Elders  to 
co-operate  with  the  Teaching  Elders  in  the  govern- 
mental side  of  their  work.  (Administering  the  sac- 
raments, being  a  form  of  teaching  as  distinguished 
from  ruling,  is  reserved  to  the  Teaching  Elder.) 

84. — III.  No  one  who  holds  office  in  the  church  ought  to 
usurp  authority  therein,  or  receive  anj^  official  titles  of  spiritual 
pre-eminence,  except  such  as  are  employed  in  the  Scriptures. 

Titles  are  not  forbidden  that  are  not  exact  ren- 
derings of  Scripture  titles,  provided  they  attribute 
no  functions  beyond  those  that  the  Scriptures  attri- 
bute ;  and  titles  that  are  exact  renderings  cf  titles 
used  in  the  Scriptures  are  forbidden  to  be  used  in 
super-scriptural  senses. 

Section  II. — Of  the  Ministers  oftlie  Word. 

After  a  paragraph  on  the  dignity  and  functions 
of  this  officer,  and  another  on  his  qualifications,  a 
third  points  out  different  works  to  which  he  may 
be  called,  of  which  three  different  works  are  named 
particularly ;  and  then  follows  a  paragraph  on  each 
of  these  three  sorts  of  w^ork,  and  a  paragraph  on 
the  unclassified  sorts  of  work. 

35.— I.  This  office  is  the  first  in  the  Church,  both  for  dig- 
nity and  usefulness. 

There  are,  then,  three  grades  of  office,  of  which 
the  Minister  of  the  Word  is  the  highest,  and  the 
Deacon  is  the  lowest. 

The  person  who  fills  it  has  in  Scripture  different  titles  expres- 
sive of  his  various  duties. 

Some  of  these  titles  may  also  be  given  to  Ruling 


35  Chap.  IY  ,  Sec.  II.,  Par.  1.  47 

Elders,  since  they  share  in  the  functions  of  this 
office  in  one  aspect  of  it. 

As  he  has  the  oversight  of  the  flock  of  Christ,  he  is  termed 
Bishop.  As  he  feeds  them  with  spiritual  food,  he  is  termed 
Pastor. 

This  is  the  Latin  word  for  shepherd. 

As  he  serves  Christ  in  the  Church,  he  is  termed  Minister.  As 
it  is  his  duty  to  be  grave  and  prudent,  and  an  example  to  the 
flock,  and  to  govern  well  in  the  house  and  kingdom  of  Christ, 
he  is  termed  Presbyter  or  Elder. 

(Greek  and  English  terms  of  the  same  meaning). 

As  he  is  the  messenger 

(the  Greek  for  which  is  angel) 

of  God,  he  is  termed  Angel  of  the  Church.  As  he  is  sent  to 
declare  the  will  of  God  to  sinners,  and  to  beseech  them  to  be 
reconciled,  he  is  termed  Ambassador.  As  he  bears  the  glad 
tidings  of  salvation  to  the  ignorant  and  perishing,  he  is  termed 
Evangelist.  As  he  proclaims  the  gospel,  he  is  termed  Preacher. 
As  he  expounds  the  Word,  and  by  sound  doctrine  both  exhorts 
and  convinces  the  gainsay er,  he  is  termed  Teacher.  As  he 
dispenses  the  manifold  grace  of  God,  and  the  ordinances  insti- 
tuted by  Christ,  he  is  termed  Steward  of  the  mysteries  of  God. 
These  titles  do  not  indicate  different  grades  of  office,  but  all 
describe  one  and  the  same  officer. 

These  ten  terms,  though  applied  even  to  Apostles 
in  the  New  Testament,  do  not  designate  what  is 
peculiar  to  their  extraordinary  office,  but  only  what 
office  they  had  in  common  with  all  other  officers  of 
this  class.  Even  then  their  special  functions  were 
not  dependent  upon  their  holding  a  higher  grade 
of  office  (for  the  Apostles  themselves  did  not  belong 
to  a  higher  grade  of  officers  than  ordinary  Minis- 
ters of  the  Word),  but  upon  their  miraculous  gifts. 
And  now  Ministers  should  be  set  to  different  sorts 
of  work^  according  to  their  different  enduements 


48  Chap.  IV,  Sec.  II.,  Par.  2.  36 

and  gifts ;  but  this  specialization  in  functions  does 
not  destroy  parity  in  official  rank. 

36. — II.  He  that  fills  this  office  should  possess  a  compe- 
tency of  human  learning,  and  be  blameless  in  life,  sound  in 
the  faith,  and  apt  to  teach;  he  should  exhibit  a  sobriety  and 
holiness  of  conversation  becoming  the  gospel;  he  should  rule 
his  own  house  well ;  and  should  have  a  good  report  of  them 
that  are  without. 

Here  are  named  four  kinds  of  qualifications,  of 
which  the  first  kind  is  in  the  man,  and  the  other 
three  manifestations  of  what  is  in  him  and  thus 
evidential  of  the  fundamental  qualifications  being 
in  him.  And  the  fundamental  qualifications  are 
four.  One  of  these  he  should  possess,  for  it  is  ex- 
trinsic to  his  individuality:  a  competency  of  human 
learning.  What  is  a  competency  is  not  here  indi- 
cated. The  other  three  he  should  be,  for  they  are 
qualifications  intrinsic  to  his  individuality.  The 
most  important  is  a  blameless  life.  While  the 
word  must  not  be  pressed  to  mean  more  than  rela- 
tive blamelessness,  yet  it  must  not  be  weakened  so 
as  to  admit  any  into  this  office  that  would  not  be 
properly  classed  as  blameless  in  life  in  a  compara- 
tive classification  of  professors  into  the  blameless 
and  the  blemished.  Among  those  that  might  in 
this  sense  be  classed  as  blameless  in  life,  some 
are  relatively  sound  in  their  beliefs,  and  others  are 
erratic.  The  latter  class,  however  blameless  in 
life,  are  not  qualified  for  the  ministry  of  the  truth. 
Some  men  that  are  blameless  in  life  and  sound  in 
the  faith  are  not  apt  at  teaching  others,  and  for 
this  reason  are  disqualified  for  the  teaching  office. 
If  now  a  man  has  these  fundamental  qualifications, 
they  should   manifest   themselves  in  three  ways. 


37,  38      Chap.  IV.,  Sec.  11.,'Paks.  3,  4.  49 

In  general  there  should  appear  in  his  conversation 
or  behavior  a  sobriety  or  propriety,  and  a  holiness 
or  savor  of  consecration,  such  as  become  the 
gospel;  for  the  life  should  not  only  be  negatively 
blameless,  but  positively  exhibiting  a  gospel  so- 
briety and  holiness.  If  he  is  in  any  relation  of 
authority  over  others,  he  ought  to  show  ability  to 
rule  well;  and  this  is  especially  true  of  the  head  of 
a  family.  For  no  man  is  qualified  to  rule  in  God's 
house  w^ho  cannot  rule  in  his  own.  And,  unrea- 
sonable as  men  of  the  world  may  be  in  judging  the 
saints,  yet  no  one  is  fit  to  be  in  a  position  of 
leadership  in  the  Church  before  the  world  who 
cannot  command  the  world's  respect  for  his  piety 
and  morality.  Jesus,  even  at  the  very  moment  of 
his  condemnation  and  rejection,  had  a  good  report 
of  them  that  were  without. 

37.— III.  As  the  Lord  has  given  different  gifts  to  the  Minis- 
ters of  the  Word,  and  has  committed  to  them  various  works 
to  execute,  the  Church  is  authorized  to  call  and  appoint  them 
to  labor  as  Pastors,  Teachers,  and  Evangelists,  and  in  such 
other  works  as  may  be  needful  to  the  Church,  according  to  the 
gifts  in  which  they  excel. 

Pastors,  Teachers  and  Evangelists  are  different 
classes  of  Ministers,  but  Ministers  engaged  in  more 
or  less  different  functions  of  the  one  Ministry  of 
the  Word ;  and  this  is  equally  true  of  Ministers 
engaged  in  other  special  work,  provided  only  it  is 
work  of  the  Ministry  of  the  Word. 

38.— IV.  When  a  minister  is  called  to  labor  as  a  Pas- 
tor, it  belongs  to  his  office  to  pray  for  and  with  his  flock,  as  the 
mouth  of  the  people  unto  God;  to  feed  the  flock,  by  reading, 
expounding,  and  preaching  the  Y>'ord  ;  to  direct  the  congrega- 
tion in  singing  the  praises  of  God ;  to  administer  the  sacra- 
ments ;  to  bless  the  people  from  God ;  to  catechise  the  chil- 
dren &nd  youth ;  to  visit  officially  the  people,  devoting  especial 


50  Chap.  IV.,  Sec.  II.,  Par.  4.  38 

attention  to  the  poor,  the  sick,  the  aflSicted,  and  the  dying ; 
and,  with  the  other  Elders,  to  exercise  the  joint  power  of  gov- 
ernment. 

All  ministers  are  pastors,  inasmuch  as  it  is  the 
duty  of  them  all  to  feed  the  people  of  God  with 
spiritual  food  (par.  35) ;  but  here  the  term  is  used 
of  one  appointed  specially  to  this  work  in  a  par- 
ticular church ;  and  while  what  he  is  charged  with, 
all  ministers  are  charged  with  in  their  several  posi- 
tions, the  duties  that  specially  belong  to  him  in  his 
position  are  here  enumerated.  Seven  things  he  is 
to  do  severally,  or  by  himself.  Some  of  these  it 
may  be  proper  for  all  saints  to  do  according  to 
their  capacities  and  opportunities,  and  some  of 
them  it  may  be  the  duty  of  the  Ruling  Elders  to 
do  in  their  official  capacity ;  but  all  of  them  it  is 
the  official  duty  of  the  Pastor  to  do.  The  first  of 
these  is  not  preaching,  but  prayer,  both  apart  from 
his  flock  in  intercession  for  them,  and  with  them 
as  their  mouth  unto  God.  The  Pastor  makes  a 
mistake  to  put  all  his  care  upon  the  sermon  and 
none  upon  the  public  prayer.  Yet  his  distinctive 
work  as  Pastor  is  to  feed  the  flock.  This  he  is  to 
do  by  reading  the  Word  as  well  as  by  expounding 
it,  and  by  exposition  as  well  as  by  simply  proclaim- 
ing what  needs  no  further  exposition.  It  is  not 
enough  to  handle  the  Word;  he  must  cause  them 
to  eat  it.  Nor  is  it  his  whole  work  to  do  this  in 
the  public  assembly.  His  third  function  is  to 
direct  the  congregation  in  singing  the  praises  of 
God.  As  there  should  be  no  singing  that  is  not 
worship,  so  this  part  of  the  worship  should  be 
kept  under  the  Pastor's  direction ;  and  it  is  a  seri- 
ous abdication  of  his  official  duty  when  he  hands 


38  Chap.  IY.,  Sec.  II.,  Par.  4.  51 

this  over  to  those  who  are  not  qualified,  as  well  as 
not  duly  authorized,  to  direct  this  part  of  the  wor- 
ship. How  far  he  shall  go  in  determining  details 
is  matter  for  wise  discretion ;  but  he  and  those  who 
lead  the  music  as  such,  and  all  the  congregation, 
should  recognize  him  as  having  this  entire  part  of 
worship  under  his  discretion.  It  is  the  fourth 
function  of  the  pastoral  office  to  administer  the 
sacraments.  Accordingly,  neither  baptism  nor  the 
Lord's  supper  is  to  be  administered  in  his  congre- 
gation by  another  minister  without  his  concurrence, 
and  he  should  not  for  every  cause  remit  to  another 
the  administration  of  baptisms,  nor  forego  presid- 
ing at  the  Lord's  Supper.  It  belongs  to  the  Pastor 
to  bless  the  people  from  God  ;  wherefore  the  bene- 
diction is  by  him  pronounced  as  an  official  decla- 
ration of  the  divine  mind.  The  sixth  function,  to 
catechise  the  children  and  youth,  he  is  to  do  as 
Pastor,  and  it  is  a  deplorable  disuse  of  official 
function  when  he  leaves  this  work  altogether  to 
other  agencies,  as  to  Sunday-schools;  for  this  is 
the  Pastor's  specific  office  for  the  young.  His 
seventh  function  is  happily  described.  It  is  not 
enough  to  visit  the  people,  but  he  should  visit 
them  officially,  that  is,  he  should  visit  them  as 
their  Pastor,  and  in  his  visits  pray  with  and  for 
them,  feed  them  with  the  Word,  catechize  the 
children  and  youth,  and  perform  such  like  pastoral 
functions.  Social  visiting  that  is  not  also  mani- 
festly and  really  pastoral  visiting  is  a  substitution 
to  be  made  only  in  order  to  official  visiting.  So 
far  as  a  distinction  is  admissible,  the  people  need 
to  know  him  officially  rather  than  socially.  And 
in  his   official  visitation  he  is  to  devote   special 


62  Chap.  IY.,  Sec.  II.,  Pars.  5,  6.       39,  40 

attention  to  four  classes:  the  poor,  who  cannot 
contribute  much  in  the  offerings;  the  sick,  who 
cannot  attend  the  pubhc  worship;  the  afflicted, 
who  need  special  comfort,  and  the  dying,  who  are 
both  sick  and  afflicted.  So  far  in  the  discharge  of 
his  duties  severally;  and,  with  the  other  Elders,  he 
is  to  exercise  the  joint  power  of  government,  hav- 
ing, in  this  sphere,  no  more  and  no  less  authority 
and  obligation  than  a  Kuling  Elder. 

39. — V.  When  a  minister  is  appointed  to  be  a  teacher  in 
a  school  of  divinity,  or  to  give  instruction  in  the  doctrines  and 
duties  of  religion  to  youth  assembled  in  a  college  or  university, 

for  to  teach   other  branches  in   an  institution  of 

learning,  is  not  ministerial  work, 

it  appertains  to  his  office  to  take  a  pastoral  oversight  of  those 
committed  to  his  charge,  and  be  diligent  in  sowing  the  seed  of 
the  Word,  and  gathering  the  fruit  thereof,  as  one  who  watches 
for  souls. 

Here  "teacher"  is  not  used  in  precisely  the  same 
sense  as  "Teacher"  in  paragraph  35;  but  the  work 
here  described  is  truly  work  of  the  ministry  of  the 
Word ;  but  the  danger  is  that  one  engaged  in  it 
will  drift  away  from  his  work  as  a  minister.  It 
needs  to  be  repeated  that  when  a  man  who  is  a 
minister  is  giving  instruction  in  other  subjects  than 
the  doctrines  and  duties  of  religion,  he  is  not  en- 
gaged in  ministerial  work. 

40. — VI.  When  a  minister  is  appointed  to  the  work  of 
the  Evangelist,  he  is  commissioned  to  preach  the  Word  and 
administer  the  sacraments  in  foreign  countries,  frontier  settle- 
ments, or  the  destitute  parts  of  the  Church ;  and  to  him  may 
be  entrusted  power  to  organize  churches  and  ordain  Ruling 
Elders  and  Deacons  therein. 

The  philosophy  of  the  matter  is,  not  that  the  Evan- 
gelist has  an  office  different  in  order,  grade  or  na- 


40  Chap.  IV.,  Sec.  II.,  Pak.  6.  53 

ture  from  that  of  other  Ministers  of  the  "Word,  but 
that  he  is  in  a  position  calling  specially  for  the 
use  of  those  evangelistic  functions  which  are  in- 
herent in  the  very  office  of  the  ministry,  that  is,  to 
preach  the  Word  and  administer  the  sacraments, 
not  in  the  c.^ganized  or  fully  organized  portions  of 
the  Church,  but  elsewhere:  in  countries  where  the 
Church  is  not  yet  organized;  in  countries  where 
the  Church  is  already  organized,  but  in  those  parts 
where  it  is  not  organized ;  and  in  such  parts  of  the 
organized  Church  as  are  not  fully  organized,  lack- 
ing a  settled  ministry  adequate  to  the  work  to  be 
done.  It  is  not  here  decided  that  it  would  be  un- 
scriptural  to  call  a  minister  distinctively  an  evan- 
gelist who  was  engaged  in  fully  organized  parts  of 
the  Church  in  preaching  specially  to  those  who 
had  not  yet  accepted  the  gospel ;  but  that  is  not 
the  sense  in  which  the  term  is  used  in  this  para- 
graph. 

The  organization  of  churches  and  the  ordination 
of  officers,  being  an  exercise  of  jurisdiction,  is  a 
function  of  joint  power,  for  which  the  individual 
Presbyter  as  such  is  not  competent;  but  the  court 
having  jurisdiction  may  commission  him  to  do 
these  things  as  its  commissioner,  his  acts  being 
the  acts  of  the  court  through  him.  This  may  be 
made  really  the  court's  action  by  previous  orders 
and  subsequent  validation  or  annulment;  and  the 
nature  of  these  acts  as  joint  and  not  several  should 
always  be  thus  preserved.  The  paragraph  says 
that  the  court  may  entrust  the  Evangelist  with 
power  as  its  commissioner  to  organize  churches, 
and  to  ordain  Euling  Elders  and  Deacons  in 
churches ;  but  the  power  to  ordain  Ministers,  while 


54        Chap.  IV.,  Sec.  II.,  Par.  7 ;  Sec.  III.       41 

it  might,  without  making  the  ordination  a  several 
act,  be  entrusted  to  the  Evangelist,  the  Form 
of  Government  does  not  permit  to  be  thus  en- 
trusted. Consequently,  there  is  no  way  provided 
in  the  Form  of  Government  for  the  ordination  of 
Ministers  unless  the  candidates  to  be  ordained  first 
come  to  the  Presbytery.  To  meet  this  require- 
ment, a  candidate  in  a  foreign  land  must  come  to 
where  the  Presbytery  meets,  or  the  Presbytery 
must  hold  a  meeting  where  the  candidate  is,  or  the 
candidate  must  wait  till  there  are  several  Ministers 
and  a  Kuling  Elder  in  the  country  of  the  candidate, 
and  these  Presbyters  are  regularly  constituted  a 
Presbytery. 

41. — VII.  When  a  minister  is  called  to  labor  through  the 
press,  or  in  any  other  like  needful  work,  it  shall  be  incumbent 
on  him  to  make  full  proof  of  his  ministry  by  disseminating  the 
gospel  for  the  edification  of  the  Church. 

Otherwise  his  literary  or  other  labor  is  not  work 

in  the  ministry  of  the  Word. 

As  the  Church  through  Presbytery  having  juris- 
diction of  a  minister  sanctions  his  call  to  any  work, 
and  appoints  him  thereto,  no  minister  should  per- 
manently devote  himself  to  any  sort  of  ministerial 
work  without  the  approval  and  sanction  of  his 
Presbytery. 

Section  III. — Of  the  Ruling  Elder. 

This  section  has  two  paragraphs  on  the  nature 
of  the  office:  one  pointing  out  the  relation  of  the 
New  Testament  Elder  to  the  Old  Testament  Elder, 
and  one  pointing  out  his  relation  to  the  Minister 
of  the  Word.  Then  follow  a  paragrajDh  on  the 
qualifications  for  the  office,  and  a  paragraph  on  its 
duties. 


42,  43      Chap.  IV.,  Sec.  III.,  Pars.  1,  2.  55 

42. — I.  As  there  were  in  the  Church,  under  the  law,  Elders 
of  the  people  for  the  government  thereof,  so,  in  the  gospel 
Church,  Christ  has  furnished  others  besides  the  ministers  of 
the  Word  with  gifts  and  commission  to  govern  when  called 
thereunto,  which  officers  are  entitled  Ruling  Elders. 

It  is  not  asserted  tliat  they  are  called  Euling 
Elders  in  the  Scriptures,  but  in  this  Form  of  Gov- 
ernment; but  it  is  asserted  that  according  to  the 
Scriptures  there  are  in  the  New  Testament  dispen- 
sation as  there  were  in  the  Old,  Elders  or  rulers 
that  are  not  Ministers  of  the  Word. 

43. — II.  These  Ruling  Elders  do  not  labor  in  the  Word  and 
doctrine, 

officially  (for  nothing  is  here  decided  as  to  what 
others  than  Ministers  of  the  Word  may  do  un- 
officially in  the  Word  and  doctrine), 

but  possess  the  same  authority  in  the  courts  of  the  Church  as 
the  Ministers  of  the  Word. 

May  he  then  be  Moderator  of  a  court,  and  of  the 

higher  courts  as  well  as  of  a  Session,  seeing  that 

to  Moderators   are   assigned  certain    duties   that 

only  Ministers  can  perform  ?     Yes. 

When,  however,  a  Ruling  Elder  is  Moderator  of  a  Presbytery, 
Synod,  or  General  Assembly,  any  official  duty  devolving  on 
him,  the  performance  of  which  requires  the  exercise  of  f mic- 
tions pertaining  only  to  the  teaching  Elder,  shall  be  remitted 
by  him  for  execution  to  such  Minister  of  the  Word,  being  a 
■  member  of  the  court,  as  he  may  select. 

The  Minister  must  be  a  member  of  the  same  court, 

so  that  he  may  be  under  the  control  of  the  court. 

It  is  to  be  observed  that  by  a  court  consisting  in 

part  of  Elders  who  are  not  themselves  Ministers  of 

the  Word,  men   may  be  appointed  to  ministerial 

functions,   and  are  subject  to  the  control  of  the 

court,  the  power  of  government  extending  over  the 

Church  and  its  officers  in  all  their  functions.     It  is 


56  Chap.  IV.,  Sec.  III.,  Par.  3.  44 

also  to  be  observed  that  the  Moderator  is  ap- 
pointed to  a  special  work  by  a  court,  and  is 
answerable  to  the  court  appointing  him.  It  is 
further  to  be  observed  that  there  is  no  funda- 
mental principle  requiring  that  the  Moderator  shall 
be  of  this  or  that  class  of  Elders ;  but,  since,  as  a 
matter  of  conveniency  and  prudence,  certain  min- 
isterial functions  are,  in  the  detailed  regulations  of 
the  Form  of  Government,  assigned  to  the  Modera- 
tor, the  principles  of  the  system  do  require  either 
that  these  regulations  should  be  abolished,  or  that 
Euling  Elders  be  kept  out  of  the  position  of  Mod- 
erator, or  that  a  special  provision,  such  as  this, 
determine  the  assignment  of  ministerial  functions. 
Provision  is  made  elsewhere  as  to  the  Moderator 
of  the  Session. 

44. — III.  Those  who  fill  this  ofRce  ought  to  be  blame- 
less in  life  and  sound  in  the  faith ;  they  should  be  men  of  wis- 
dom and  discretion ;  and  by  the  holiness  of  their  walk  and  con- 
versation should  be  examples  to  the  flock. 

By  comparison  with  paragraph  36  it  will  be  seen 
that  learning  and  aptness  to  teach,  fundamental 
qualifications  for  a  Minister  of  the  Word,  are  not 
required  as  qualifications  for  a  Euling  Elder,  but 
that  blamelessness  of  life  and  soundness  in  the 
faith  are  as  fundamental  to  the  Euling  as  to  the 
Teaching  Elder.  The  secondary  qualifications  for 
the  two  offices  are  the  same;  for  holiness  of  be- 
havior is  named  for  each,  for  the  ruling  well  his 
own  house  and  having  a  good  report  from  those 
that  are  without,  and  sobriety  of  conversation, 
named  for  the  Minister,  are  all  summed  up  for  the 
Euling  Elder  in  wisdom  and  discretion.  However, 
so  far  as  there  is  a  difference,  the  Euling  Elder  has 


45  Chap.  IV,  Sec.  III.,  Par.  4.  57 

even  more  need  than  the  Minister  of  the  rare 
characteristic,  wisdom,  and  to  the  Minister  is  in- 
dispensable a  learning  and  aptness  to  teach  that 
the  Ruling  Elder,  as  such,  does  not  need  to  have. 

45.— IV.  Ruling  Elders,  the  immediate  representatives  of 
the  people,  are  chosen  by  them,  that,  in  conjunction  with  the 
Pastors  or  Ministers, 

The  Ministers  of  the  Word  belong  to  that  class 
which  finds  its  highest  exponents  in  the  Prophets 
of  the  Old  Testament  and  the  Apostles  of  the  New, 
and  immediately  represent  Christ  and  mediately 
the  people ;  while  the  Ruling  Elders,  so  far  as  any 
difference  in  conception  is  permissible,  immedi- 
ately represent  the  people  and  mediately  Christ. 
And  these  immediate  representatives  of  the  people 
meet  the  immediate  representatives  of  Christ,  and 
the  two  classes  exercise  government  together ;  yet 
with  this  difference,  that  the  Ruling  Elders  are  not 
competent  to  all  the  functions  of  government  unless 
in  conjunction  with  Ministers,  whereas  Ministers, 
were  there  no  other  Elders  that  could  be  associated 
with  them,  would  have  plenary  power  to  govern. 

they  may  exercise  government  and  discipline, 

for  discipline  is  too  important  a  part  of  government 
to  be  omitted  from  special  emphasis, 

and  take  the  oversight  of  the  spiritual  interests  of  the  particu- 
lar church,  and  also  of  the  Church  generally,  when  called 
thereunto. 

As  the  Church  has  no  interests  but  spiritual  inter- 
ests, this  phrase  is  all- comprehensive ;  but,  so  far 
as  a  distinction  may  be  made  between  spiritual 
and  temporal,  the  immediate  management  of  tem- 
poral affairs  may  be  committed  to  the  Deacons, 


58  Chap.  IV,  Sec.  Ill,  Par.  4.  45 

while  the  oversight  of  the  spiritual  interests  of 
every  sort  cannot  be  withdrawn  from  Euling  Elders 
and  Ministers.  While  the  Minister  is  ex  officio  a 
Bishop  or  overseer  of  the  whole  Church,  the  Rul- 
ing Elder  exercises  this  office  only  when,  and  so  far 
as,  he  is  called  to  it  from  time  to  time. 

It  appertains  to  their  office,  both  severally, 

which  they  should  never  forget, 

and  jointly,  to  watch  diligently  over  the  flock  committed  to 
their  charge,  that  no  corruption  of  doctrine  or  of  morals  enter 
therein.  Evils  which  they  cannot  correct  by  private  admoni- 
tion they  should  bring  to  the  notice  of  the  Session.  They 
should  visit  the  people  at  their  homes,  especially  the  sick; 
they  should  instruct  the  ignorant,  comfort  the  mourner,  nourish 
and  guard  the  children  of  the  Church;  and  all  those  duties 
which  private  Christians  are  bound  to  discharge  by  the  law  of 
charity  are  especially  incumbent  upon  them  by  divine  vocation, 
and  are  to  be  discharged  as  official  duties.  They  should  pray 
with  and  for  the  people;  they  should  be  careful  and  diligent  in 
seeking  the  fruit  of  the  preached  Word  among  the  flock ;  and 
should  inform  the  pastor  of  cases  of  sickness,  affliction  and  awak- 
ening, and  of  all  others  which  may  need  his  special  attention. 

Their  duties  are  thrown  into  three  groups.  Their 
first  and  distinctive  work  is  the  prevention  of  evils, 
especially  the  entrance  of  corruptions  of  doctrine 
or  morals  in  the  flock.  For  accomplishing  this 
work,  they  have  two  means,  private  admonition 
and  report  to  the  Session.  Here  now  is  the  great 
work  of  Elders,  the  protection  of  the  flock  from 
heresies  and  immoralities.  To  sit  and  vote  in 
Session  is  a  part  of  their  duty ;  but  there  and  out 
among  the  people,  they  are  everywhere  the  guar- 
dians of  the  people's  faith  and  manners.  The 
second  group  of  duties  shows  how,  in  his  work  as 
much  as  the  Pastor  in  his,  the  Ruling  Elder  is  to 
labor  for  the  purity  of  doctrine  and  morals  among 


40, 47         Chap.  TY.,  Sec.  IV.,  Pae.  1.  59 

the  people.  It  is  as  much  a  part  of  his  official 
duty  to  visit  the  people  in  their  homes  as  it  is  the 
Pastor's ;  and  in  his  official  visiting  he  is  to  seek 
out  the  classes  that  need  instruction  and  comfort 
and  minister  to  their  needs.  The  children  of  the 
Church  are  to  lie  on  his  heart  as  a  special  charge, 
and  he  is  to  show  to  them  and  concerning  them 
special  attention.  Even  the  duties  incumbent  upon 
all  rest  upon  him  as  official  duties,  since  he  is 
officially  an  example  to  others.  The  third  group 
of  duties  belong  to  him  specially  as  an  assistant  of 
the  Pastor.  He  has  the  duty  of  prayer  for  and 
with  the  people  as  well  as  the  Pastor.  He  is  to 
follow  up  the  public  preaching  with  personal  effort 
most  carefully  and  diligently.  And  he  should  to 
the  utmost  co-operate  with  the  Pastor,  and  give 
him  whatever  information  may  help  him  in  his 
work. 

Section  IV. — Of  the  Deacon. 

Here  are  given  the  scriptural  warrant  for  the 
office,  the  duties  of  it,  and  the  qualifications  for  it. 
To  these  three  paragraphs  three  others  are  added : 
a  special  regulation  for  securing  a  proper  supervi- 
sion of  the  Deacons'  work  by  the  Session ;  a  pro- 
vision for  supplying  the  place  of  Deacons  when 
there  are  no  Deacons;  and  an  explicit  statement 
of  a  power  inherent  in  the  Session  to  appoint 
women  to  certain  diaconal  functions. 

46.— I.  The  office  of  Deacon  is  set  forth  in  the  Scriptures 
as  ordinary  and  perpetual  in  the  Church. 

(Cf.  pars.  32,  33). 

47. — II.  The  duties  of  this  office  relate  to  the  care  of  the 
poor,  and  to  the  collection  and  distribution  of  the  offerings  of 
the  people  for  pious  uses,  under  the  direction  of  the  Session. 


60  CHAr.  IV.,  Sec.  IV.,  Par.  3.  48 

This  is  the  same  as  in  paragraph  23,  only  that 
here  is  stated  what  is  there  implied,  that  they  are 
to  care  for  the  poor,  and  that  they  are  to  collect 
the  offerings  as  well  as  distribute  them;  but  this 
does  not  imply  that  it  is  the  duty  of  Deacons  to 
collect  anything  but  offerings,  yet  they  are  en- 
gaged in  a  part  of  their  distinctive  work  when  pro- 
moting in  the  people  the  grace  of  liberality.  It  is 
also  here  explicitly  stated  that  they  are  to  do  their 
work  under  the  direction  of  the  Session,  which  is 
something  more  than  mere  review. 

To  the  Deacons,  also,  may  be  properly  committed  the  manage- 
ment of  the  temporal  affairs  of  the  Church. 

See  exposition  of  paragraph  23. 

48. — III.  To  this  office  should  be  chosen  men  of  honest 
repute  and  approved  piety,  who  are  esteemed  for  their  prudence 
and  sound  Judgment,  whose  conversation  becomes  the  gospel, 
and  whose  lives  are  exemplary;  seeing  that  those  duties  to 
which  all  Christians  are  called  in  the  way  of  beneficence  are 
especially  incumbent  on  the  Deacon  as  an  officer  in  Christ's 
house. 

These  are  substantially  the  same  as  the  qualifica- 
tions of  Ruling  Elders,  except  that  special  empha- 
sis is  not  here  laid  on  soundness  in  the  faith,  nor 
quite  so  distinct  a  place  given  to  wisdom  as  distin- 
guished from  prudence.  Yet,  soundness  of  judg- 
ment is  insisted  upon.  As  the  Ministers  are  to 
stand  forth  as  examples  embodying  the  full  truth 
in  life,  and  the  Ruling  Elders  examples  embodying 
especially  the  idea  of  reverenga  for  the  law  of 
Christ,  so  the  Deacons  are  to  stand  forth  as  exam- 
ples embodying  especially  the  idea  of  beneficence 
for  Christ's  sake;  and  they,  therefore,  need  for 
their   official  Vv^ork  the  whole    complex    of  graces, 


49,  50       Chap.  IV.,  Sec.  IV.,  Pae.  4,  5.  61 

without  which  beneficence  loses  its  Christian  signi- 
ficance. 

All  officers,  then,  are  to  excel  in  a  living  piety, 
deep  and  manifest,  and  in  mental  balance,  or  good 
sense ;  to  these  qualities  Kuling  Elders  are  to  add 
pre-eminence  in  wisdom,  and  a  grasp  of  the  sys- 
tem of  truth ;  and  to  all  these  qualities  the  Minis- 
ters are  to  add  pre-eminence  in  learning  and  apt- 
ness to  teach. 

49. — IV.  A  complete  account  of  collections  and  distribu- 
tions, and  a  f ull 'l-ecord  of  proceedings  shall  be  kept  by  the 
Deacons,  and  submitted  to  the  Session  for  examination  and 
approval  at  least  once  a  year. 

Three  things  are  required:  that  the  Deacons 
keep  a  complete  account ;  that  they  keep  a  full  re- 
cord of  proceedings;  (and  these  things  they  cannot 
do  unless  they  act  together  as  a  body) ;  and  that 
both  this  account  and  this  record  be  submitted  to 
the  Session  at  least  as  often  as  once  a  year,  not 
only  for  formal  approval  or  disapproval,  but  also 
for  a  real  examination,  to  see  whether  the  Deacons 
have  faithfully  done  the  work  as  required  by  their 
office  and  the  directions  of  the  Session.  It  is  a 
condition  of  confusion  and  disintegration  when  this 
paragraph  is  ignored. 

50. — V.  In  churches  ^There  it  is  impossible  to  secure  the 
appointment  of  a  sufficient  number  of  Deacons,  the  duties  of 
this  office  devolve  on  the  Ruling  Elders. 

(Cf.  par.  33  and  remarks  under  it.)  In  such  cases 
the  session  should  appoint  one  or  more  or  all  the 
Euling  Elders  to  act  as  Deacons;  and  the  Elders 
thus  appointed  and  the  Deacons,  if  there  are  any, 
should  act  together  as  the  diaconate  of  the  church, 


62  Pae.  6 ;  Chap.  Y.,  Sec.  I.  51 

and  should  keep  the  account  and  record,  and  sub- 
mit the  same  to  the  Session,  as  in  paragraph  49. 

51. — VI.  Where  it  shall  appear  needful,  the  Church  Session 
may  select  and  appoint  godly  women  for  the  care  of  the  sick, 
of  prisoners,  of  poor  widows  and  orphans,  and  in  general  for 
the  relief  of  distress. 

These  differ  from  the  male  Deacons  in  the  fact 
that  they  are  not  selected  by  the  congregation,  and 
in  the  fact  that  they  do  not  have  charge  of  distri- 
bution generally.  It  would  save  much  to  the  credit 
of  the  Church,  and  promote  greatly  the  efficiency 
of  its  beneficent  work,  if  this  paragraph  were  put 
into  general  execution,  so  that  what  is  done  would 
appear  to  be  done  by  the  Church,  as  it  really  is, 
and  would  be  done  with  fuller  counsel  and  super- 
vision. 


CHAPTEK  V. 

Of  Church  Courts. 

The  chapter  has  seven  sections,  as  follows:  one 
treating  generally  of  the  courts  and  their  officers; 
one  treating  particularly  of  the  jurisdiction  of  the 
courts ;  then  one  each  on  the  four  kinds  of  courts ; 
and,  lastly,  one  on  a  sort  of  special  courts,  called 
commissions. 

Section  I. — Of  the  Courts  in  General. 

After  a  paragraph  on  the  gradation  and  nature  of 
these  courts,  and  another  paragraph  enumerating 
them,  there  come  three  paragraphs  on  their  of- 
ficers: two  on  the  Moderator — one  providing  the 
Moderator   for  each   court,  and   one  defining  his 


52,  53,  54     Chap.  V.,  Sec.  I.,  Pars.  1, 2, 3.  63 

duties — and  one  on  the  clerk.  Then  is  added  a 
paragraph  on  the  devotional  exercises  that  shall 
be  observed  in  the  sessions  of  the  higher  courts 
(directions  as  to  this  matter  for  the  Session  being 
reserved  to  the  section  on  the  Session);  and  an- 
other prescribes  the  payment  of  the  expenses  of 
attendance  on  the  higher  courts. 

52. — I.  The  Church  is  governed  by  various  courts,  in  regu- 
lar gradation:  which  are  all,  nevertheless,  Presbyteries,  as 
being  composed  exclusively  of  Presbyters. 
The  underlying  principle  is,  that,  so  far  as  the  fa- 
cilities of  intercommunication  between  the  differ- 
ent parts  of  the  Church  permit,  the  courts  of  the 
Church  shall  be  so  related  to  one  another  that 
whatever  is  done  by  one  part  of  the  Church  shall 
be  done  by  the  one  Church  in  that  part.  All  courts 
are  essentially  the  same,  being  exclusively  Elders 
acting  jointly,  and  their  powers  being,  therefore, 
the  joint  powers  of  Elders.     (Cf.  par.  5.) 

53.— II.  These  courts  are:  Church  Sessions,  Presbyteries, 
Synods,  and  the  General  Assembly. 

The  first  is  called  church  Session,  as  being  the  sit- 
ting together  of  the  Elders  of  a  church ;  the  sec- 
ond, Presbytery,  as  having  assigned  to  it  more 
fully  than  any  other  all  the  joint  powers  of  Pres- 
byters; the  third,  Synod,  as  being  the  coming  to- 
gether of  many  Presbyters;  and  the  fourth,  the 
General  Assembly,  as  being  the  assembly  in  which 
the  whole  Church  convenes. 

54.— III.  The  Pastor  is  Moderator  of  the  Session. 
The  real  ground  for  this  regulation  is,  that  the 
Moderator  is  accountable  to  the  court  appointing 
him,  and  a  Kuling  Elder,  being  directly  account- 
able to  the  Session,  would  be  himself  too  far  re- 


64  Chap.  V.,  Sec.  I.,  Par.  3.  54 

moved  from  the  control  of  Presbytery;  and  this 
and  other  regulations  proceed  upon  the  assump- 
tion that  the  Session  may  not  be  as  well  qualified 
to  handle  weighty  matters  as  the  Presbytery. 

The  Moderator  of  the  Presbytery,  the  Synod,  and  the  General 
Assembly,  shall  be  chosen  at  each  stated  meeting  of  these 
courts:  and  the  Moderator,  or,  in  case  of  his  absence,  the  last 
Moderator  present,  or  the  oldest  minister  in  attendance,  shall 
open  the  next  meeting  with  a  sermon,  unless  it  be  highly  in- 
convenient, and  shall  hold  the  chair  until  a  new  Moderator  be 
chosen. 

The  court  may  have  several  Moderators  at  the 
same  time,  provided  their  respective  functions  are 
defined,  and  to  no  one  of  them  is  assigned  any  func- 
tion not  properly  pertaining  to  a  Moderator.  (Cf. 
56 ;  but  as  to  Session,  see  63.)  While  no  explicit 
provision  is  made  for  the  removal  of  a  Moderator 
during  his  term,  it  lies  in  the  nature  of  the  case 
that  the  court  may  revoke  its  own  appointment. 
The  election  of  a  new  Moderator  at  each  stated 
meeting  is  a  prudential  regulation,  that  the  court 
may  not  practically  lose  the  power  of  appointing 
its  own  Moderator,  and  come  to  be,  in  reality,  but 
a  counsel  of  advice  to  him  as  a  superior ;  but  it  is 
a  matter  of  discretion  with  the  court  to  re-elect 
the  same  man,  or  to  elect  another.  It  lies  with  the 
court  to  determine  at  what  point  in  the  proceed- 
ings of  its  stated  meeting  the  election  of  Moderator 
shall  occur.  The  Moderator  retains  all  his  author- 
ity as  Moderator  until  the  election  of  his  successor ; 
but,  if  he  should,  at  any  time  during  his  moderat- 
orship,  not  be  a  member  of  the  court,  he  would 
have  no  vote  as  a  member,  and  therefore  no  cast- 
ing vote  in  case  of  a  tie.  The  opening  sermon  may 
be  omitted  when  circumstances  make  it  highly  in- 


65  Chap.  V.,  Sec.  I.,  Par.  4.  65 

convenient  to  have  it,  of  which  the  Moderator  is 
the  judge.  The  Moderator,  as  there  is  no  prohibi- 
tion of  it,  may  appoint  another  to  act  in  his  place, 
the  court  not  objecting. 

55. — IV.  The  Moderator  possesses  all  authority  neces- 
sary for  the  preservation  of  order,  and  for  convening  and  ad- 
journing the  court,  according  to  his  own  ruling. 

This  gives  to  the  Moderator  very  great  authority, 
but  it  must  not  be  so  understood  as  to  give  him  ab- 
solute power.  He  has  no  authority  beyond  other 
members  to  determine  the  actions  of  the  court,  but 
only  to  preserve  order;  and  his  power  to  convene 
and  adjourn  the  court,  according  to  his  own  ruling, 
does  not  mean  independently  of  the  order  of  the 
court,  but  independently  of  what  any  one,  not  the 
court,  may  order,  or  may  rule  that  the  court  orders. 

He  may  also,  on  any  extraordinary  emergency,  convene  the 
court  by  his  circular  letter  before  the  ordinary  time  of  meeting. 
And  in  case  of  the  failure  of  the  appointed  meeting,  he  may 
convene  the  court  at  a  suitable  time  and  place. 

Of  the  extraordinary  emergency,  and  of  the  sui- 
table time  and  place,  he  is,  of  course,  to  be  the 
judge ;  but  see  paragraph  79.  If  it  should  happen 
that  this  regulation,  which  is  designed  to  provide 
for  necessary  meetings  that  the  court  did  not  fore- 
see to  provide  for,  fails  to  thus  provide,  it  must  be 
remembered  that  the  court  exists  when  not  in  ses- 
sion, and  that,  in  the  nature  of  the  case,  a  majority 
of  the  court  may  always  call  a  meeting,  in  the  ab- 
sence of  all  express  provisions  to  the  contrary. 

The  Moderator,  if  a  member  of  the  court,  has 
the  same  right  to  vote  on  all  questions  as  any  other 
member,  but  he  can  cast  only  one  vote;  and  he 
cannot  vote  at  all  if  he  is  not  himself  a  member  of 
the  court. 


66  Chap.  V.,  Sec.  I.  Pars.  5,  6.  56,  57 

56. — V.  It  is  tho  duty  of  the  Clerk  (whose  continuance  in 
oflftce  shall  be  during  the  pleasure  of  the  court),  besides  re- 
cording the  transactions,  to  preserve  the  records  carefully,  and 
to  grant  extracts  from  them  whenever  properly  required.  Such 
extracts,  under  the  hand  of  the  Clerk,  shall  be  evidence  to  any 
ecclesiastical  court,  and  to  every  part  of  the  Church. 

It  has  not  been  deemed  necessary,  for  prudential 
reasons,  to  require  the  election  of  a  Clerk  at  each 
stated  meeting;  but  each  court  is  at  liberty  to  fix  a 
term  of  office  for  its  Clerk.  It  is  a  matter  of  course 
that  the  Clerk  is  not  superior  to  the  court  appoint- 
ing him,  and  in  all  his  duties  is  subject  to  the 
order  of  the  court ;  nor  has  he  any  vote  or  voice  in 
the  actions  of  the  court,  unless  he  is  a  member  of 
the  court,  and  then  he  has  only  the  same  authority 
as  any  other  member.  His  duties  are  three :  to 
record  the  transactions;  to  preserve  the  records; 
and  to  grant  extracts.  All  his  work  is  subject  to 
the  correction  of  the  court  itself.  But  extracts  un- 
der his  hand  are  legal  evidence  everywhere  of  what 
the  transactions  of  the  court  are ;  but  no  evidence 
is  final  that  has  in  it  the  possibility  of  error,  if  it 
is  possible  by  superior  evidence  to  show  aod  cor- 
rect the  error.  The  Moderator  has  nothing  to  do 
with  certifying  the  record.  See,  however,  para- 
graphs 88  and  213.  A  court  may  have  several 
Clerks  at  the  same  time,  provided  their  respective 
functions  are  defined,  and  to  no  one  is  assigned 
any  function  not  properly  pertaining  to  a  Clerk. 
(Cf.  54.) 

57. — VI.  Every  meeting  of  the  Presbytery,  Synod,  and 
General  Assembly  shall  be  opened  and  closed  with  prayer,  and 
in  closing  the  final  meeting  a  psalm  or  hymn  may  be  sung  and 
the  benediction  pronounced. 

So  much  ought  men  engaged  in  ruling  in  the 

Church  to  seek  as  courts  the  blessing  of  God  upon 


58  Chap.  V.,  Sec.  I.,  Par.  7.  67 

themselves  and  their  work  as  rulers.  If  the  bene- 
diction is  pronounced,  and  a  Billing  Elder  is  at  the 
time  Moderator,  he  should  remit  this  function  to  a 
Minister.     (Cf.  par.  43,  and  pars.  24  and  35.) 

58. — VII.  The  expenses  of  Ministers  and  Ruling  Elders  in 
their  attendance  on  the  courts,  shall  be  defrayed  by  the  bodies 
which  they  respectively  represent. 

The  expenses  of  attendance  are  always  what  has  to 
be  paid  out  above  what  is  provided  in  the  way  of 
voluntary  entertainment.  There  might  have  been 
a  regulation  providing  for  each  court  a  fund  for 
the  expenses  of  its  members;  but  that  is  not  the 
regulation.  By  analogy  the  expenses  of  members 
of  a  commission  in  excess  of  their  expenses  as 
members  of  the  court  appointing  the  commission 
must  be  borne  by  this  court  itself;  and  the  same 
principle  would  apply  to  committees  and  other 
appointees. 

What  bod}^  is  represented  is  not  easily  answered 
in  all  cases.  A  Ruling  Elder  in  Session,  Presby- 
tery, or  Synod  represents  his  church,  and  in  the 
General  Assembly  represents  his  Presbytery.  So 
a  Minister  in  the  General  Assembly  represents  his 
Presbytery.  But  in  the  other  courts,  v/hat  body 
does  a  Minister  represent?  If  a  pastor,  he  might 
be  thought  to  represent  his  church  or  churches;  if 
engaged  in  Evangelistic,  or  other  work,  the  body 
for  which  he  is  doing  the  work;  and  if  not  en- 
gaged in  ministerial  work,  for  some  "body"; 
What?  The  two  things  made  unmistakable  by  the 
paragraph  is,  that  the  expenses  of  delegates  to  the 
General  Assembly  are  to  be  paid  by  their  respec- 
tive Presbyteries,  and  of  Ruling  Elders  in  attend- 
ance on  all  other  courts,  by  their  churches. 


68  Chap  V.,  Sec.  II.,  Par.  1.  59 

Section  II. — Oftlie  Jurisdiction  of  Church  Courts. 

The  first  paragraph  distinguishes  these  courts 
from  civil  government,  and  the  second  states  posi- 
tively the  nature  and  scope  of  their  jurisdiction; 
and  the  third  states  the  principle  underlying  the 
gradation  of  these  courts,  while  the  fourth  shows 
the  particular  gradation  agreed  upon  for  this  branch 
of  the  Church. 

59. — I.  These  assemblies  are  altogether  distinct  from  the 
civil  magistracy,  nor  have  they  any  Jurisdiction  in  political 
or  civil  affairs.  They  have  no  povv-er  to  inflict  temporal  pains 
and  penalties,  but  their  authority  is,  in  all  respects,  moral  or 
spiritual. 

Even  when  the  same  individual  is  both  a  Presby- 
ter and  a  civil  functionary,  he  is  not  the  one  by 
reason  of  being  the  other.  While  he  is  appointed 
unto  each  office  by  Christ  the  Lord  of  all,  and  is 
accountable  to  him,  the  method  and  means  of  his 
appointment,  and  offices  to  which  he  is  appointed, 
are  so  utterly  separate  that  his  holding  or  not 
holding  one  of  them  does  not  modify  his  duties  in 
the  other.  The  ecclesiastical  courts  have  no  juris- 
diction in  political  or  civil  affairs,  but  only  in  eccle- 
siastical affairs.  But  may  the  same  affair  be  at 
the  same  time  political  or  civil  and  ecclesiastical? 
It  may,  and  then  the  ecclesiastical  court  may  deal 
with  it.  If,  for  instance,  a  member  of  a  church 
should  be  charged  with  murder,  it  would  pertain 
to  the  civil  authority  to  try  him,  and,  if  guilty,  to 
inflict  upon  him  the  civil  penalty;  and  it  would 
pertain  to  the  session  of  his  church  to  deal  with 
him  for  the  same  offence.  Nor  would  the  ecclesi- 
astical court  be  bound  to  conclude  him  guilty  or 
innocent  of  the  charge  according  to  the  decision 


60  Chap.  Y.,  Sec.  II.,  Par.  2.  69 

of  the  civil  authority.  An  ecclesiastical  affair  is 
any  question  of  doctrine  taught  in  the  Scriptures 
or  any  action  commanded  or  forbidden  in  the 
Scriptures,  or  any  matter  of  temporal  concern  hav- 
ing to  do  with  the  use  and  disposition  of  offerings 
for  pious  uses ;  but  only  so  far  as  any  question  or 
action  or  concern  is  within  what  Christ  in  the 
Scripture  has  commanded  his  Church  to  teach  or 
enforce  or  do  as  organized  for  the  edification  and 
government  of  his  people,  the  propagation  of  the 
faith  and  the  evangelization  of  the  world,  is  it  an 
ecclesiastical  affair.  That  question  is  ecclesiasti- 
cal which  the  Church  cannot  expound  and  apply 
the  whole  Scripture  without  answering ;  and  that  is 
not  ecclesiastical  which  may  be  differently  an- 
swered by  men  that  agree  in  their  understanding 
of  the  Scriptures. 

In  no  case,  not  even  in  a  case  of  murder  left  un- 
punished by  the  civil  authority,  or  in  the  case  of 
the  most  awful  blasphemies  whatsoever,  can  the 
ecclesiastical  court  inflict  or  adjudge  to  be  de- 
served, any  penalty  whatsoever  except  the  declara- 
tion of  the  mind  of  Christ  concerning  the  sin,  and 
such  treatment  in  the  matter  of  fellowship  in  the 
Church  as  shall  express  this  mind  of  Christ.  The 
censure  of  Christ  through  the  Church  is  the  only 
instrument  for  enforcing  the  law  of  Christ. 

60. — II.  The  jurisdiction  of  church  courts  is  only  ministerial 
and  declarative, 

that  is,  these  courts  can  act  only  as  servants  to  de- 
clare what  he,  as  their  King,  commands  them, 

and  relates  to  the  doctrines  and  precepts  of  Christ,  to  the  order 
of  the  Church,  and  to  the  exercise  of  discipline. 


70  Chap.  Y.,  Sec.  II.,  Par.  2.  60 

Their  sphere  of  action  lias  three  sections,  more 
or  less  overlapping:  teaching,  assigning  to  place 
and  work  in  the  Church,  and  censure  of  offenders. 

First,  They  can  make  no  laws  binding  the  conscience ;  but 
may  frame  symbols  of  faith,  bear  testimony  against  error  in 
doetrine.and  immorality  in  practice,  within  or  without  the  pale 
of  the  Church,  and  decide  cases  of  conscience. 

Symbols  of  faith  do  not  make  the  courts,  but  the 
courts  make  the  symbols  of  faith.  The  courts  exist 
and  have  all  their  autliority  before  they  frame  the 
symbols,  for  the  courts  are  nothing  but  Presbyters 
(appointed  by  Christ  and  furnished  by  him  with 
the  Word  and  Spirit)  acting  jointly.  They  may, 
therefore,  not  only  formulate  systems  of  truth,  but 
also  bear  testimony,  as  occasion  demands,  against 
particular  errors  and  immoralities,  and  give  an- 
swers to  questions  propounded  to  them  by  doubt- 
ful consciences.  Since  the  church  is  in  the  world 
as  a  witness  to  it  from  Christ,  these  courts  need 
not  confine  their  testimony  to  errors  and  immorali- 
ties of  its  own  members.  But  with  all  this,  these 
courts  cannot  make  a  law,  they  can  only  declare 
what  laws  Christ  has  already  made  and  set  forth 
in  the  Scriptures. 

Secondly,  They  have  power  to  establish  rules  for  the  gov- 
ernment, discipline,  worship,  and  extension  of  the  Church, 
which  must  be  agreeable  to  the  doctrines  relating  thereto  con- 
tained in  the  Scriptures,  the  circumstantial  details  only  of 
these  matters  being  left  to  the  Christian  prudence  and  wisdom 
of  church  officers  and  courts. 

The  Scriptures  do  not  undertake  to  lay  down 
minute  regulations  for  the^^ctivities  of  the  organ- 
ized Church,  as  they  do  not  lay  down  minute  regu- 
lations for  the  conduct  of  the  individual,  but  for 
each,  regulating  principles;  and  the  Church,  as  the 


60  Chap.  Y.,  Sec.  II.,  Par.  2.  71 

individual,  is  to  apply  these  regulating  principles 
to  every  point  of  activity.  This  is  to  be  done 
always  under  the  guidance  of  the  Holy  Spirit,  but 
the  Holy  Spirit  working  within  and  not  speaking 
from  without.  The  Spirit  is  in  the  Word  to  be 
understood,  and  in  the  mind  seeking  to  understand, 
using  the  Word  and  the  mind,  and  not  supersed- 
ing them  or  suspending  them.  The  individual, 
then,  is  to  decide  upon  his  act  in  every  set  of  cir- 
cumstances, and  ofttimes  with  only  regulating  prin- 
ciples in  the  Scriptures  to  guide  him ;  and  so  must 
the  organized  Church.  The  Church  must  decide, 
not  in  a  general  parliament  of  all  its  members,  nor 
in  the  counsel  of  any  one  select  mind,  but  in  the 
parliament  and  counsel  of  select  minds  appointed 
to  this  very  function  in  the  Church.  This  does 
not  make  the  Church  inerrant  in  these  matters, 
even  as  the  individual  is  not  inerrant;  but  the 
liability  to  error  does  not  free  the  Church  from  the 
responsibility  of  self- direction  any  more  than  the 
individual. 

Since  both  the  Church  and  the  individual  are 
liable  to  err,  which  must  yield  to  the  other  in  case 
of  difference  ?  Neither  to  the  other,  but  both  to 
Christ.  The  disagreement  may  be  due  to  error  in 
the  individual,  then  he  ought  to  correct  his  error; 
or  to  error  in  Church,  then  the  Church  ought  to 
correct  its  error ;  or  to  error  in  both,  then  both 
should  correct  their  error.  But  the  individual  and 
the  Church  are  equally  answerable  to  Christ  alone, 
and  equally  free  from  control  by  the  other,  except 
so  far  as  each  speaks  the  mind  of  Christ.  The 
Church  must  show  the  gentleness  of  Christ  toward 
the  individual,  and  the  individual  must  show  the 


72  Chap.  Y.,  Sec.  II.,  Par.  2.  60 

humility  of  Christ  toward  the  Church;  but  each 
must  obey  Christ,  and  each  must  judge. what 
Christ  commands.  And  woe  to  the  individual  that 
sets  up  his  error  against  the  teaching  of  Chr!3t  in 
the  Church;  and  woe  to  the  Church  that  sets  up 
its  error  against  the  teaching  of  Christ  in  the  indi- 
vidual. But  so  far  as  the  rules  established  by  the 
Church  are  agreeable  to  the  doctrines  relating 
thereto  contained  in  Scripture,  Christ  requires 
the  individual  to  obey  them,  however  unwisely 
they  order  circumstantial  details. 

These  rules  may  have  to  do  with  the  administra- 
tion of  government  in  general,  as  the  regulations 
laid  down  in  the  Form  of  Government,  or  with  the 
exercise  of  discipline  in  particular,  as  the  regula- 
tions laid  down  in  the  Rules  of  Discipline,  with 
the  conduct  of  worship,  as  the  regulations  laid 
down  in  the  Directory  for  Worship,  or  with  the 
work  of  extending  the  Church,  as  the  regulations 
adopted  from  time  to  time  touching  the  various 
missionary  activities  of  the  Church.  The  very  fact 
that  these  regulations  are  not  wrought  out  in  detail 
in  the  Scriptures,  implies  that  they  should  be 
adapted  to  changing  conditions  from  time  to  time. 

Thirdly,  They  possess  the  right  of  requiring  obedience  to 
the  laws  of  Christ.  Hence,  they  admit  those  qualified  to  seal- 
ing ordinances  and  to  their  respective  offices,  and  they  exclude 
the  disobedient  and  disorderly  from  their  offices  and  from 
sacramental  privileges ;  but  the  highest  censure  to  which  their 
authority  extends  is  to  cut  off  the  contumacious  and  impenitent 
from  the  congregation  of  believers. 

The  right  of  requiring  obedience  implies  the  pos- 
session of  means  of  enforcing  obedience;  but  the 
only  means  in  the  hands  of  church  courts  is  sen- 
tence of   approval  or  censure.     The  sentence  of 


61,  62       Chap.  V.,  Sec.  II.,  Pars.  3,  4.  78 

approval  may  extend  to  admission  to  sacraments 
and  office ;  and  the  sentence  of  censure  to  exclu- 
sion from  sacraments  and  office.  Since  the  use  of 
the  sacraments  is  limited  to  the  congregation  of 
believers,  the  children  being  baptized  only  upon 
the  faith  of  parents,  to  exclude  from  the  sacraments 
is  to  exclude  from  the  congregation  of  believers; 
and  this  is  the  utmost  to  which  the  sentence  of  a 
church  court  may  go. 

Mm^eover,  they  possess  all  the  administrative  authority 
necessary  to  give  effect  to  these  powers. 

For  instance,  if  one  is  excluded  from  the  sacra- 
ments, any  Minister  administering  the  sacraments 
to  him  is  subject  to  ecclesiastical  censure  for  dis- 
regarding the  authority  of  Christ  in  the  sentence 
of  exclusion ;  but  a  church  court  has  only  declara- 
tive authority,  and  can  never  inflict  temporal  pains 
and  penalties. 

61. — III.  Ail  church  courts  are  one  in  nature,  constituted 
of  the  same  elements,  possessed  inherently  of  the  same  kinds 
of  rights  and  powers,  and  diifering  only  as  the  Constitution 
may  provide.  Yet  it  is  according  to  scriptural  example,  and 
needful  to  the  purity  and  harmony  of  the  whole  Church,  that 
disputed  njatters  of  doctrine  and  order,  arising  in  the  lower 
courts,  should  be  referred  to  the  higher  courts  for  decision. 

62.— IV.  For  the  orderly  and  efficient  dispatch  of  eccle- 
siastical l)usin(\ss,  it  is  necessary  that  the  sphere  of  action  of 
each  couit  should  be  distinctly  defined. 

The  general  principle  that  all  the  courts  have  the 
same  kinds  of  rights  and  powers  is  subject  to  two 
limitations :  "that  disputed  matters  of  doctrine  and 
order,  arising  in  the  lower  courts,  should  be  referred 
to  the  higher  courts  for  decision";  and  that,  by 
special  regulations,  the  sphere  of  action  of  particu- 
lar courts  should  be  limited  by  express  definitions. 


74  Chap.  V.,  Sec.  II.,  Par.  4.  62 

It  is  involved  in  these  two  principles,  that  every 
court  has  all  ecclesiastical  powers  not  expressly 
withheld  from  it  or  expressly  assigned  exclusively 
to  another  court;  that  every  higher  court  has 
all  power  over  all  courts  and  persons  within  its 
jurisdiction,  subject  only  to  constitutional  rules  of 
procedure ;  and  that  no  court  has  any  power  over 
those  who  do  not  belong  to  that  part  of  the  Church 
of  the  Presbyters  of  which  the  court  is  an  as- 
sembly. 

The  Session  exercises  jurisdiction  over  a  single  church, 
but  not  over  Ministers  at  all; 

the  Presbytery  over  what  is  common  to  the  Ministers,  Sessions 
and  churches  within  a  prescribed  district, 

that  is,  it  has  exactly  the  same  authority  over  one 
of  its  Ministers,  Sessions  or  churches,  as  it  has 
over  any  other  of  its  Ministers,  Sessions  or  churches ; 

the  Synod  over  what  is  common  to  three  or  more  Presbyteries, 
and  their  Ministers,  Sessions  and  churches, 

from  which  it  appears  that  every  Minister,  Session 
or  church  must  belong  to  some  particular  Presby- 
tery, and  that  a  Synod  must  have  at  least  three 
Presbyteries ; 

and  the  General  Assembly  over  such  matters  as  concern  the 
whole  Church, 

where  "  Church  "  means,  as  often,  the  Presbyterian 
Church  in  the  United  States,  but  that  striving  to 
be,  within  its  measure,  what  the  whole  visible 
Church  should  be,  and  keeping  itself  a  separate 
organization  only  so  long  as  it  has  to  do  this  for 
the  sake  of  liberty  to  obey  Christ ; 

and  the  jurisdiction  of  these  courts  is  limited  by  the  express 
provisions  of  the  Constitution.     Every  court  has  the  right  to 


62  Chap.  Y.,  Sec.  III.  75 

resolve  questions  of  doctrine  and  discipline  seriously  and 
reasonably  proposed,  and  in  general  to  maintain  truth  and 
righteousness,  condemning  erroneous  opinions  and  practices 
which  tend  to  the  injury  of  the  peace,  purity  or  progress  of  the 
Church;  and  although  each  court  exercises  exclusive  original 
jurisdiction  over  all  matters  specially  belonging  to  it,  the  lower 
courts  are  subject  to  the  review  and  control  of  the  higher 
courts  in  regular  gradation.  Hence,  these  courts  are  not  sepa- 
rate and  independent  tribunals ;  but  they  have  a  mutual  rela- 
tion, and  every  act  of  jurisdiction  is  the  act  of  the  whole 
Church,  performed  by  it  through  the  appropriate  organ. 

In  the  nature  of  the  case,  the  entire  Eldership  of  the 
Church  assembled  together  would  be  a  court  hav- 
ing all  power  of  every  sort  over  every  part  and 
member  of  the  Church,  subject  only  to  such  limi- 
tations as  in  its  nature  ecclesiastical  power  is  sub- 
ject to.  For  this  catholic  assembly  of  all  the 
Presbyters,  as  being  impracticable,  there  is,  by 
constitutional  regulations,  substituted  an  assembly 
of  selected  representatives  of  the  Eldership  from 
all  parts  of  the  Church,  and,  besides  this  delegated 
assembly,  smaller  assemblies,  as  Synods  and  Pres- 
byteries, partly  delegated  and  limited  in  their 
scope  of  action  to  the  parts  of  the  Church  to  which 
they  respectively  pertain,  and  also  local  assemblies 
of  Presbyters  not  delegated.  But  all  these  assem- 
blies are  but  sections  of  the  one  Eldership,  who 
thus,  for  practical  reasons,  distribute  among  them- 
selves fragments  of  the  one  jurisdiction  pertaining 
to  them  as  one  court. 

Section  III. — Of  the  Church  Session. 

The  first  paragraph  shows  who  are  members  of  the 
Session;  the  next  three  paragraphs  show  who  is 
Moderator  in  the  absence  of  the  Pastor,  when  there 
is  no  Pastor,  and  when  there  are  more  Pastors  than 
one,  it  being  already  settled  that  the  Pastor  is  the 


76  Chap.  V.,  Sec.  III.,  Par.  1.  63 

Moderator  of  the  Session  (paragraph  54) ;  the  fifth 
paragraph  enumerates  the  rights  and  powers  and 
duties  of  the  Session,  and  the  remaining  paragraphs 
add  some  special  regulations — one  as  to  when 
meetings  of  the  Session  shall  be  held,  one  as  to 
records,  of  its  proceedings,  one  as  to  certain  items 
that  are  especially  to  be  recorded,  and  one  as  to 
devotional  exercises  in  connection  with  the  meet- 
ings. 

63.— I.    The  church    Session   consists   of    the    Pastor   or 
Pastors,  if  there  be  any,  and  the  Ruling  Elders  of  a  church. 

From  this  it  appears  that  a  church  may  have  a 
plurality  of  Pastors.  A  Pastor  is  a  member  of  the 
Session,  having  the  same  voice  and  vote,  perma- 
nency and  responsibility  therein,  as  any  other 
member,  no  more  and  no  less. 

Two  Ruling  Elders,  if  there  be  so  many,  with  the  Pastor,  if 
there  be  one,  shall  be  necessary  to  constitute  a  quorum.  But 
the  Pastor  and  one  Ruling  Elder  may  constitute  a  quorum  in 
cases  where  there  are  only  two  Elders. 

In  this  last  sentence  "Elder"  must  be  understood 
to  mean  Euling  Elder  as  distinguished  from  Teach- 
ing Elder.  We  have  then  the  following  cases: 
When  the  Session  consists  of  one  or  more  Pastors 
and  three  or  more  Ruling  Elders,  then  a  Pastor 
and  two  Euling  Elders  are  a  quorum ;  if  the  Ses- 
sion consists  of  one  or  more  Pastors  and  one  or 
two  Euling  Elders,  then  a  Pastor  and  one  Euling 
Elder  are  a  quorum ;  when  the  Session  consists  of 
more  than  one  Euling  Elder  without  a  Pastor,  then 
two  are  a  quorum ;  and  when  the  Session  consists 
of  one  Euling  Elder,  one  is  a  quorum.  By  analogy 
in  the  above  sentences,  we  might  write  Pastor  for 
Euling  Elder  and  Euling  Elder  for  Pastor.     If  the 


64  Chap.  V.,  Sec.  III.,  Par.  2.  77 

Session  Las  both  sorts  of  Elders,  one  at  least  of 
each  sort  is  required  to  make  up  a  quorum ;  if  the 
Session  has  a  plurality  of  members,  a  plurality  is 
required  to  make  up  a  quorum,  and  if  the  Session 
has  a  plurality  of  Elders  of  one  sort  only,  a  plurality 
of  that  sort  is  required  to  make  up  a  quorum. 

64. — II.  In  case  of  the  absence  of  the  Pastor,  or  when  for 
prudential  reasons  it  may  appear  advisable  that  some  other 
Minister  should  preside,  such  Minister  belonging  to  the  same 
Presbytery,  as  the  Pastor,  with  the  concurrence  of  the  Elders, 
may  designate,  shall  be  invited  to  preside  in  his  place. 

There  are  two  cases  when  some  one  not  the 
Pastor  may  preside,  in  cases  where  the  church  has 
a  Pastor:  in  the  absence,  of  the  Pastor,  so  that  his 
attendance  is  impracticable;  and  v/hen,  for  pruden- 
tial reasons  (for  he  cannot  lose  his  right  to  preside 
while  remaining  Pastor),  it  appears  advisable  that 
another  preside.  Appears  advisable  to  whom?  To 
the  Pastor,  and  the  other  Elders  consent;  or  to  the 
other  Elders,  and  the  Pastor  consents ;  or  to  both 
the  Pastor  and  the  other  Elders.  But  neither  can 
the  other  Elders  forbid  the  Pastor  to  preside,  nor 
can  the  Pastor  require  them  to  permit  some  one 
else  to  preside.  Four  things  must  be  true  of  the 
substitute  Moderator:  he  must  be  a  Minister;  he 
must  belong  to  the  same  Presbytery  as  the  church ; 
he  must  be  designated  by  the  Pastor;  and  he  must 
be  acceptable  to  the  rest  of  the  Elders.  Of  course, 
by  common  consent,  any  member  of  the  Session 
may  preside  in  the  Pastor's  presence,  by  way  of 
relieving  him  from  labor ;  but  in  case  of  any  dis- 
pute of  his  ruling,  the  Pastor  must  resume  the 
chair  and  make  the  moderatorial  ruling.  No  pro- 
vision is  made  for  the  case  in  which  a  church  has 


78  Chap.  Y.,  Sec.  III.,  Par.  3.  65 

a  Pastor  that  has  become  incapacitated  for  desig- 
nating a  substitute,  as  by  illness  or  mental  de- 
rangement; but  in  such  case  the  church  is  really 
without  a  Pastor,  and  the  next  paragraph  would 
apply ;  but,  in  case  of  doubt  or  dispute,  the  Pres- 
bytery would  have  to  determine  whether  the  emer- 
gency and  conditions  are  such  as  require  this. 

When  the  Pastor  is  going  to  be  absent  for  a 
length  of  time,  and  it  is  probable  that  there  will 
be  need  for  sessional  action  before  his  return,  he 
and  the  other  Elders  may  agree  beforehand  what 
Minister  shall  be  invited  to  preside  in  his  place. 

65.— III.  When  a  church  is  without  a  Pastor,  the  Moder- 
ator of  the  Session  shall  be  either  the  Minister  appointed  for 
that  purpose  by  the  Presbytery,  or  one  invited  by  the  Session 
to  preside  on  a  particular  occasion.  But  when  it  is  inconveni- 
ent to  procure  the  attendance  of  such  a  Moderator,  the  Session 
may  proceed  without  it.  In  Judicial  cases  this  Moderator  shall 
always  be  a  member  of  the  same  Presbytery  to  which  the 
church  belongs. 

The  Moderator  of  the  Session  is  an  appointee  of 
the  Presbytery,  to  which,  and  not  to  the  Session, 
he  is  responsible  for  his  behavior  and  decisions  as 
Moderator.  (Cf.  par.  54.)  When  the  church  has 
no  Pastor,  who  is  always  appointed  to  his  office  by 
the  Presbytery,  it  belongs  to  the  Presbytery  to 
appoint  some  one  of  its  Ministers  as  Moderator  of 
the  Session.  In  case  this  has  not  been  done,  or  in 
case  this  presbyterial  Moderator  cannot  be  present 
without  hurtful  delay,  of  which  the  Session  must 
judge,  the  Session  may  invite  some  Minister  to 
preside,  but  with  two  limitations :  the  Session  can 
never  select  any  one  as  its  permanent  Moderator, 
but  only  to  preside  on  a  particular  occasion ;  and, 
if  the  particular  occasion  is  to  take  action  in  a  ju- 


ee,  67      Chap.  V.,  Sec.  III.,  Pars.  4,  5.  79 

dicial  case,  the  Moderator  tlms  invited  for  the  par- 
ticular occasion  must  be  a  Minister  of  the  same 
Presbytery  as  the  church,  tha,t  in  so  important  a 
matter  no  confusion  of  jurisdiction  may  arise. 
And  only  when  the  Session  finds  it  inconvenient 
to  procure  the  attendance  of  either  the  Moderator 
appointed  by  the  Presbytery,  or  of  any  Minister 
invited  by  itself  for -a  particular  occasion,  may  the 
Session  select  one  of  its  own  members  to  moderate 
it  for  that  occasion.  Even  in  a  judicial  case,  a 
Session  may  proceed  with  one  of  its  own  number 
as  Moderator,  if  the  emergency  requires.  And,  of 
course,  the  Session  can  always  convene,  with  one 
of  its  own  members  presiding,  for  the  purpose  of 
inviting  a  Minister  to  preside. 

If  one  of  the  Euling  Elders  acts  as  Moderator,  or 
some  Minister  not  appointed  by  Presbytery  to 
preside,  the  appeal  from  his  decisions  must  be  to 
the  Session ;  but  if  the  Moderator  of  the  Session  is 
the  Pastor  or  any  other  appointee  of  the  Presby- 
tery, the  appeal  from  his  decipions  must  be  to  the 
Presbytery. 

66. — IV.  lu  churches  where  there  are  two  or  more  Pastors, 
they  shall,  when  present,  alternately  preside. 

That  is,  that  one  present  since  whom  the  others 

present   have   presided   shall   preside.     And   this 

paragraph  forbids  a  church's  having  an  assistant 

Pastor  in  the  sense  of  a  Pastor  with  less  authority 

in  the  government  of  the   church  than  another, 

however  the  other  work  of  the  pastoral  office  may 

be  distributed  among  them. 

67.— V.  The  church  session  is  charged  with  maintaining  the 
spiritual  government  of  the  church, 

it  being  discretionary  with  the  Session  to  commit 


80  CHAr  v.,  Sec.  III.,  Tar.  5.  67 

the  management  of  the  temporal  affairs  to  the 
Deacons, 

for  which  purpose  it  has  power 

1.  to  inquire  into  the  knowledge,  principles,  and  Christian 
conduct  of  the  church  members  under  its  care ; 

The  Buling  Elders  and  the  Deacons  are  individu- 
ally under  the  care  of  the  Session,  as  well  as  all 
others  enrolled  as  members,  .whether  admitted  to 
the  Lord's  Supper  or  not.  It  has  power  to  in- 
quire into  their  knowledge;  this  is  especially  to  be 
done  in  the  case  of  the  children  of  the  church,  in 
order  to  deal  wisely  with  them  as  to  their  coming 
to  the  Lord's  Supper,  and  it  is  needful  in  the  case 
of  all,  in  order  to  judge  of  their  principles  and 
conduct  and  of  what  instruction  they  need.  In- 
quiry into  principles  and  conduct  is  necessary,  not 
only  for  purposes  of  discipline,  but  also  for  the 
prevention  of  the  entrance  of  heresies  and  immor- 
alities. But  the  inquiry  of  Session  has  to  do  only 
with  Christian  conduct,  that  is,  with  their  conduct 
as  to  whether  it  is  as  Christian  conduct  should  be. 

2.  to  censure  those  found  delinquent ; 

This  is  to  be  done  always  in  accordance  with  the 
Rules  of  Discipline;  tut  it  is  to  he  done.  And 
when  this  function  is  unused,  then  Presbyterian 
government  becomes  a  set  of  unused  functions, 
which  are  sure  to  become  diseased  and  perverted 
to  wrong  uses. 

3.  to  see  that  parents  do  not  neglect  to  present  their  chil- 
dren for  baptism ; 

Otherwise  Christ  is  disobeyed  in  neglecting  the 
very  first  step  to  be  taken  by  the  Church  toward 
saving  its  own  children.     Such  negligence  is  a  vio- 


67  Chap.  Y,  Sec.  III.,  Par.  5.  81 

lation  of  their  churcli  covenant  on  the  part  of  the 
parents.  The  Session  is  not  to  urge  parents  to 
present  their  children  for  baptism  and  with  that  be 
content,  but  to  see  that  they  do  it. 

4.  to  receive  members  into  the  communion  of  the  Church  ; 

The  persons  thus  admitted  may  be  either  already 
members  of  the  Church  not  hitherto  admitted  to  its 
communion,  or  not  before  members  of  the  Church 
at  all.  It  must  be  observed  that  the  phrase  is 
'* communion  of  the  Church,"  not  "communion 
of  the  church."  The  power  to  admit  into  the 
membership  of  the  particular  church  from  other 
churches  is  not  here  given  to  the  Session,  nor 
anywhere;  for  such  persons  have  already  been 
admitted  by  the  Church,  acting  through  its  ap- 
propriate organ,  to  its  communion,  and  the  only 
question  remaining  for  decision,  after  it  is  ascer- 
tained that  an  applicant  for  membership  in  the 
particular  church  is  already  a  member  in  the 
Church,  is  the  mere  question  of  particular  jurisdic- 
tion, for  which  rules  are  elsewhere  given.  For  if 
one  Session  should  refuse  admission  to  those  to 
whom  another  Session  has  granted  it,  that  would 
be  for  the  Church  through  one  organ  to  contradict 
its  action  through  another  organ.  But  such  a  per- 
son, it  being  determined  to  what  particular  juris- 
diction he  belongs,  must  be  dealt  with  by  that 
court  as  a  member  of  the  Church ;  and  if  unworthy 
of  membership,  he  must  be  suspended  or  excom- 
m-unicated  by  the  methods  prescribed,  and  not  by 
a  mere  refusal  to  acknowledge  the  fact  of  member- 
ship. This  principle  is  subject  to  three  modifica- 
tions. First,  as  to  applicants  from  other  churches 
6 


82  Chap.  Y.,  Sec.  III.,  Par.  5.  67 

or  denominations,  the  Session  has  more  discretion, 
for  the  reasons  that  the  refusal  to  admit  leaves  the 
person  where  he  was  in  the  Church,  and  does  not 
make  the  one  set  of  Elders,  working  together  as 
one  under  our  Constitution,  do  contradictory  acts, 
and  that  the  principles  which  guided  in  the  previous 
admission  of  these  persons  in  the  other  denomina- 
tion were  more  or  less  short  of  what  the  Session 
has  itself  undertaken  to  apply.  In  the  second 
place,  as  in  the  organization  of  a  new  church  (par. 
26),  so  in  enlarging  the  membership  of  an  organ- 
ized church,  there  is  a  higher  necessity  of  preserv- 
ing the  church  from  destruction  by  an  influx  of  the 
unregenerate  than  of  complying  with  the  letter  of 
requirements  that  were  meant  to  conserve  and  not 
to  destroy  the  efficiency  of  the  Church  in  all  its 
parts.  And  in  the  third  place,  it  is,  after  all,  con- 
stitutional for  one  court  to  complain  to  the  higher 
courts  against  the  actions  of  another  court,  and 
pending  the  final  decision  let  the  status  quo  re- 
main. And  the  unity  and  purity  of  the  Church 
require  that,  if  a  Session  refuses  to  accept  mem- 
bers from  another  Session's  jurisdiction,  it  refer 
their  status  back  to  the  Session  from  which  they 
came,  that  that  Session  either  cancel  the  testi- 
monials it  has  given  or  insist  upon  their  acceptance, 
and  that,  the  two  Sessions  not  agreeing,  the  matter 
be  brought  in  an  orderly  way  to  the  higher  courts 
for  decision. 

5.  to  grant  letters  of  dismission  to  other  churches,  which, 
when  given  to  parents,  shall  always  include  the  names  of  their 
baptized  children ; 

Kegulations  given  elsewhere  direct  when  such 
letters   of   dismission    shall    be    granted.       They 


67  Chap.  V.,  Sec.  III.,  Par.  5.  8B 

should,  of  course,  certify  nothing  that  the  Session 
does  not  believe  to  be  true.  The  "churches"  to 
which  the  letters  are  given  need  not  be  in  the 
Presbyterian  Church  in  the  United  States ;  nor  is 
it  necessary  always  that  a  church  be  named  in  a 
letter  of  dismission.  It  would  be  proper  to  give  a 
letter  of  dismission  of  a  baptized  but  non- commu- 
nicating member,  if  he  has  no  parents  in  whose 
letters  his  name  could  be  included,  or  if  he  is  not 
to  reside  with  them  and  under  their  control. 

6.  to  ordaiu  and  install  Ruling  Elders  and  Deacons  on  their 
election  by  the  church,  and  to  require  these  officers  to  devote 
themselves  to  their  work ; 

The  Session  has  power  to  decline  to  ordain  and  in- 
stall those  who  are  not  qualified,  even  if  the  church 
elects  them,  just  as  the  Presbytery  has  power  to 
decline  to  ordain  and  install  as  a  Pastor  a  proba- 
tioner called  by  a  church ;  and  it  is  the  duty  of  the 
Session  not  to  ordain  and  install,  unless  satisfied 
that  the  persons  elected  are  qualified.  The  deci- 
sion to  ordain  and  install  should  be  made  by  the 
Session  in  formal  meeting;  and  it  is  advisable  that 
this  meeting  be  not  the  same  as  that  at  which  the 
ordination  and  installation  takes  place.  The  Ses- 
sion, as  a  body,  has  jurisdiction  over  the  individual 
Euling  Elder  or  Deacon  in  his  official  capacity,  and 
should  inquire  into  his  knowledge,  principles  and 
Christian  conduct  in  his  office,  and  censure  him  if 
found  delinquent.  No  one  should  be  allowed  to 
remain  in  office  who  will  not  devote  himself  to  his 
official  work. 

7.  to  examine  the  records  of  the  proceedings  of  Deacons ; 
This  record  includes  the  account  of  collections  and 


84  Chap.  V.,  Sec.  III.,  Par.  5.  67 

distributions.  (Par.  49.)  The  neglect  to  do  this 
means  neglect  of  the  previous  duty ;  so  far  as  it 
applies  to  the  Deacons,  means  the  divorce  of  the 
temporal  and  the  spiritual  affairs  of  the  church,  so 
that  the  church  may  come  to  have  temporal  affairs 
not  subordinated  to  its  spiritual  interests,  and 
means  a  condition  making  for  disunity. 

8.  to   establish    and   control   Sabbath-schools  and    Bible 
classes,  with  especial  reference  to  the  children  of  the  Church; 

Schools  and  classes  for  study  of  the  Bible  on  other 
days  than  the  Sabbath  are  included.  Such  schools 
the  Session  is  not  only  to  establish,  but  also  to 
control.  It  belongs  to  the  Session  to  appoint  the 
officers  and  teachers  of  these  schools,  or  else  to 
order  the  method  of  their  appointment,  which 
should  always  be  subject  to  the  approval  of  the 
Session,  and  to  prescribe  and  enforce  regulations 
for  the  conduct  of  the  schools.  In  all  its  actions 
touching  Bible  schools  the  Session  is  to  have  spe- 
cial reference  to  the  children  of  the  Church.  (Cf. 
pars.  29,  30  and  45.) 

9.  to  order  collections  for  pious  uses ; 

Collections  are  not  to  be  ordered  by  the  Deacons, 
nor  by  the  Pastor,  nor  by  individual  Elders,  nor 
by  trustees,  nor  by  leading  persons  in  the  congre- 
gation, male  or  female,  but  by  the  Session;  and 
this  applies  to  collections  from  house  to  house  or 
from  individual  to  individual,  outside  the  public 
assembly,  as  well  as  to  collections  in  the  public 
assembly.  No  one  should  solicit  among  the  mem- 
bers of  the  church,  as  such,  except  by  order  of  the 
Session.  The  reservation  of  this  power  to  the 
Session  is  needful  for  the  unity  and  harmony  of 


67  Chap.  Y.,  Sec.  III.,  Par.  5.  85 

the  church,  and  for  the  right  direction  and  training 
of  the  people  in  making  offerings  for  pious  uses. 

10.  to  take  the  oversight  of  the  singing  in  the  public  wor- 
ship of  God  ; 

Compare  paragraph  38,  where  it  says  that  the 
Pastor  is  to  direct  the  congregation  in  singing  the 
praises  of  God.  It  pertains  to  the  Session  to  give 
orders  concerning  it,  but  to  the  Pastor,  in  the  midst 
of  the  worship,  to  direct  it,  always  himself  observ- 
ing the  orders  of  the  Session.  Only  the  Session 
should  ever  determine  what  books  of  praise  and 
what  instruments  of  music,  and  what  persons  as 
musicians  and  singers  shall  be  used  as  helps  to  the 
congregation  in  the  service  of  praise;  and  it  be- 
longs to  the  discretion  of  the  Session  to  be  more  or 
less  minute  in  its  directions  concerning  this  matter ; 
but  never  should  the  Session  allow  it  to  pass  out 
of  the  real  control  of  the  Session. 

11.  to  assemble  the  people  for  worship  when  there  is  no 
minister ; 

(Cf.  par.  25). 

12.  to  concert  the  best  measures  for  promoting  the  spiritual 
interests  of  the  church  and  congregation ; 

The  congregation  here  includes  all  who  meet  in 
the  church's  assemblies  of  worship,  and  indeed  all 
who  are  so  related  to  the  church  or  its  members, 
that  their  spiritual  good  is  more  or  less  imme- 
diately connected  with  the  worship  and  doings  of 
the  church;  but  in  some  places  congregation  is 
used  in  a  narrower  sense,  the  church  convened  or 
convenable.  The  Session  is  to  aim  at  promoting 
the  spiritual  interests  (the  only  sort  of  interest  that 
a  church  can  have)  of  the  church,  both  from  all 


86    .  Chap.  V.,  Sec.  III.,  Par.  5.  67 

other  points  of  view  and  when  regarded  as  an  as- 
sembly. 

There  is  nothing  in  principle  or  prudence  for- 
bidding others  to  suggest  to  the  Session  measures 
for  this  end,  if  only  these  suggestions  are  made 
with  a  proper  sense  of  the  sole  authority  of  the 
Session,  to  act  according  to  them  or  not,  in  its  own 
wisdom.  And  it  would  be  in  harmony  with  all  re- 
quirements for  the  Session  to  convene  the  church 
for  hearing  information,  for  considering  and  advis- 
ing in  such  matters  as  the  Session  should  refer  to 
it  for  this  purpose,  and  for  such  other  action  as 
the  Session  should  convene  it  for,  provided,  only, 
the  sole  authority  and  responsibility  of  the  Session 
for  the  spiritual  government  of  the  church  be  never 
ignored  or  compromised. 

13.  to  observe  and  carry  out  the  higher  injunctions  of  the 
lower  courts ; 

whetherthese  injunctions  are  lawful  the  Session  must 
judge.  Compare  the  discussion  under  paragraph 
60,  item  secondly^  which  principles  apply  here. 
But  in  no  case  can  it  be  proper  for  a  session  to  ig- 
nore the  injunction  of  a  higher  court ;  it  should  al- 
ways either  obey  the  injunction,  or  certify  its  refu- 
sal and  reasons  therefor  to  the  next  superior  court. 

and  14.  to  appoint  representatives  to  the  Presbytery  and 
the  Synod,  who  shall,  on  their  return,  make  report  of  their 
diligence. 

The  Pastor,  being  a  member  of  the  Session,  has  an 
equal  vote  with  any  other  member  of  the  Session 
in  appointing  these  representatives.  The  neglect 
of  this  duty  on  part  of  Session  means  the  cutting 
itself  off  to  that  extent  from  co-operation  with  the 


68  Chap.  V.,  Sec.  III.,  Par.  6.  87 

rest  of  the  Eldership  of  the  Church  and  thus  im- 
pairing the  unity  of  the  Church. 

68. — VI.  The  Session  shall  hold  stated  meetings  at  least 
quarterly. 

The  neglect  of  this  rule  when  a  church  has  a  Pas- 
tor means  the  government  of  the  church  by  him 
instead  of  by  the  Session ,  and  his  failure  to  con- 
vene the  Session  is  presumptive  evidence  of  his 
willingness  to  rule  without  his  brother  Elders. 
The  neglect  of  this  rule  when  the  church  has  no 
Pastor  means  either  anarchy  or  paralysis  of  church 
life- 

Moreover,  the  Pastor  has  power  to  convene  the  Session 
when  he  may  judge  it  requisite ;  and  he  shall  always  convene 
it  when  requested  to  do  so  by  any  two  of  the  Ruling  Elders; 
and  when  there  is  no  Pastor,  it  may  be  convened  by  two  Ruling 
Elders. 

The  lodging  of  this  power  in  the  hands  of  the 
Pastor  is  simply  a  matter  of  convenience ;  for  if  a 
majority,  counting  him,  do  not  desire  to  proceed 
to  the  business,  nothing  can  be  done;  nor  can  two 
Elders  by  calling  a  meeting,  or  having  it  called, 
carry  any  action,  or  even  have  the  Session  consider 
it,  unless  a  majority  are  in  favor  of  so  doing.  If  a 
Pastor  should  refuse  to  convene  a  meeting  when 
properly  requested  to  do  so,  he  would  be  censur- 
able upon  conviction  before  Presbytery.  It  is 
always  necessary,  in  convening  the  meeting  of  any 
court,  to  give  due  notice  to  all  its  members ;  and 
should  it  appear  that  any  member  was  not  given 
reasonable  timely  notice  of  the  time,  place  and 
purpose  of  the  meeting,  the  proceedings  of  that 
meeting  would  be  null  and  void,  should  he  call 
their  validity  in  question.     What  would  be  timely 


88  Chap.  V.,  Sec.  III.,  Paes.  7,  8.      69,  70 

notice  the  Session,  or,  on  complaint,  the  Presbytery, 
would  have  to  decide.  In  no  case  ought  the 
validity  of  an  action  to  be  upheld,  if  there  was  a 
purpose  to  promote  the  absence  of  a  member  of  the 
court  by  the  imperfection  of  the  notice. 

The  Session  shall  also  convene  when  directed  so  to  do  by 
the  Presbytery. 

When  the  Presbytery  gives  such  a  direction,  it 
should  see  that  notice  is  given  to  each  member  of 
the  Session.  It  is  evident,  from  this  regulation, 
that  the  Session  is  largely  the  Presbytery  acting 
through  a  sort  of  commission. 

69. — VII.  Every  Session  shall  keep  a  fair  record  of  its  pro- 
ceedings, which  record  shall  be  at  least  once  in  every  year 
submitted  to  the  inspection  of  the  Presbyteiy. 

The  record  should  show  all  the  proceedings  of 
Session ;  and  the  records  of  congregational  meet- 
ings may  be  ordered  spread  upon  its  own  records, 
as  may  any  communication  or  document  referred 
to  the  Session.  If  the  Session  fails  to  submit  its 
records  at  the  first  stated  meeting  of  Presbytery  in 
any  year,  it  should  submit  them  at  the  next  stated 
meeting  in  the  same  year. 

70. — YIII.  Every  Session  shall  keep  a  fair  record  of  bap- 
tisms, 

ordered  by  it  and  reported  to  it  as  administered ; 

of  those  admitted  to  the  Lord's  table, 

by  it; 

of  non-commnnicating  members, 

enrolled  by  it  as  under  its  jurisdiction; 

and  of  the  deaths 


71,72   Ch.  v.,  Sec.  III., Par.  9, Sec.  IV.,  Par.  1.    89 

reported  to  it  (and  all  deaths  of  members  should 
be  formally  reported  to  it), 
and  dismissions  of  church  members. 

All  these  items  come  properly  in  the  proceedings 
of  the  Session  ;  but  inasmuch  as  there  is  often  kept 
a  separate  tabulation  of  such  items,  it  might  be 
thought  unnecessary  lo  record  them  among  the  pro- 
ceedings but  for  this  explicit  regulation. 

71.— IX.  Meetings  of  the  Session  shall  ordinarily  be  opened 
and  closed  with  prayer. 

It  would  seem  reasonable  that  when  prayer  is 
omitted,  it  be  omitted  by  action  of  the  Session, 
and  not  by  the  single  decision  of  the  Moderator; 
and  then  the  reason  for  the  omission  might  be 
stated  in  the  action. 

Section  IV. — Of  the  Presbytery. 

The  first  five  paragraphs  have  to  do  with  the 
question  of  what  members  the  Presbytery  shall  be 
composed.  The  first  two  define  the  membership, 
the  second  prescribing  how  a  Euling  Elder's  right 
to  sit  shall  be  determined;  the  third  defines  the 
quorum ;  and  the  next  two  prescribe  how  Ministers 
shall  be  admitted  and  what  obligations  they  shall 
subscribe.  The  sixth  paragraph  enumerates  the 
powers  of  Presbytery.  And  the  last  three  para- 
graphs contain  some  special  regulations ;  the  first 
as  to  records  and  reports  to  higher  courts ;  the  next 
as  to  meetings ;  and  the  last  as  to  extending  the 
courtesies  of  the  floor  to  other  Ministers  than  the 
members. 

72.— I.  The  Presbytery  consists  of  all  the  Ministers  and 
one  Ruling  Elder  from  each  church  within  a  certain  district. 


90  Chap.  Y.,  Sec.  IV.,  Par.  1.  72 

Three  things  are  here  determined:  that  the 
Presbyteries  shall  not  territorially  overlap;  that 
every  Minister  within  the  district  shall  be  a  mem- 
ber of  the  Presbytery  ;  and  that  one  Ruling  Elder, 
and  only  one,  from  each  church  shall  be  a  member. 
The  principle  underlying  the  district  regulation  is 
this  :  that  neither  shall  Ministers  or  churches  select 
their  own  Presbytery,  nor  shall  Presbyteries  select 
their  own  Ministers  and  churches,  but  that  the 
Presbyterial  connection  of  Ministers  and  churches 
shall  be  determined  by  their  residence  and  sphere 
of  labor.  For  "district"  is  not  to  be  interpreted 
rigidly,  so  that,  for  instance,  a  Minister,  cculd  not, 
for  convenience,  reside  in  the  territory  of  one  Pres- 
bytery and  be  Pastor  of  a  church  in  another  Pres- 
bytery; but  a  Minister  could  not  be  Pastor  of  a 
church  belonging  to  a  different  Presbytery  from 
himself.  It  is  not,  then,  the  place  of  residence  of 
a  Minister  that  determines  his  Presbyterial  connec- 
tiod,  but  the  sphere  of  his  labor.  Accordingly,  if 
a  Minister  is  engaged  in  labor  that  has  no  terri- 
torial location,  or  that  is  not  under  the  control  of 
one  Presbytery  rather  than  another,  his  Presby- 
terial connection  is  not  determined  by  the  provi- 
sions of  this  paragraph.  The  district  regulation  is 
to  be  interpreted  more  rigidly  as  to  churches,  and 
yet  the  end  of  the  regulation  is  to  be  kept  in  view. 
If  there  were  two  populations  of  different  lan- 
guages inhabiting  the  same  territory,  so  that  it 
would  be  impossible  for  their  Elders  to  understand 
one  another  in  the  same  Presbytery,  it  would  not 
violate  the  principle  here  intended  to  have  two 
Presbyteries  covering  more  or  less  the  same  geo- 
graphical   district;    but   to   have    churches   lying 


72  Chap.  V.,  Sec.  IV.,  Par.  1.  91 

within  the  same  district  of  inter-communication  to 
belong  to  different  Presbjteries  would  violate  the 
principle.  Other  causes  than  distance  in  place  or 
difference  in  language  might  be  important  enough 
to  enter  into  the  delimitation  of  a  Presbytery's  dis- 
trict; and  of  such  possible  causes  the  higher  courts 
would  have  to  decide.  But  in  no  case  must 
churches  be  permitted  to  group  themselves  accord- 
ing to  their  mere  preference. 

Every  Minister,  even  if  his  labor  is  not  specially 
under  the  control  of  a  Presbytery,  must  be  assigned 
to  that  labor  by  some  Presbytery,  and  be  answer- 
able to  this  Presbytery  for  his  ministerial  conduct 
therein.  Even  when  he  is  not  engaged  in  any 
ministerial  labor,  he  must  be  answerable  to  some 
Presbytery  for  not  being  so  engaged,  and  subject 
to  some  Presbytery's  direction  when  called  to  a 
work.  At  all  times  a  minister  must  be  answerable 
to  some  Presbytery  for  his  behavior.  He  must, 
therefore,  always  be  a  member  of  some  Presbytery, 
that  he  may  always  be  under  the  immediate  juris- 
diction of  some  court.  And  the  Presbytery  is  the 
lowest  court  whose  jurisdiction  is  extensive  enough 
to  direct  and  to  judge  him  in  the  labors  proper  to 
his  office.  The  necessity  of  his  always  being  a 
member  of  some  Presbytery  is  not  so  much  that  he 
may  have  a  voice  in  ruling  the  Church  as  that  the 
Church  may  be  able  to  rule  him. 

The  Ruling  Elder  is  not  a  member  of  the  Pres- 
bytery in  order  to  come  under  its  jurisdiction,  for 
he  is  under  the  immediate  jurisdiction  of  his  Ses- 
sion, but  in  order  that  the  Church  may  have  his 
counsel  in  the  Presbyteries.  That  they  are  not  all 
members  of  Presbytery  is  due  to  the  practical  dif- 


92  Chap.  V,  Sec.  IV.,  Pars.  2,  3.       73,  74 

ficulty  of  attendance  by  tliem  all.  One  is  required 
from  each  church,  that  there  may  be  in  the  Presby- 
tery intelligence  of  the  needs  of  every  chnrch,  and 
that  every  church  may  be  kept  in  living  connection 
with  the  Presbytery.  Only  one  is  required,  however 
numerous  the  membership  of  the  particular  church, 
because  it  is  not  the  theory  that  majorities  are  wise 
and  should  rule,  but  that  the  Church  comes  to  see 
together  the  mind  of  Christ  by  counselling  together 
in  love.  While,  from  practical  necessity,  the  ma- 
jority prevails  when  there  is  a  difference  of  judg- 
ment, this  difference  of  judgment,  after  delibera- 
tion, is  simply  a  failure  of  men  to  work  out  the  rule 
of  Christ.  And  the  members  of  a  majority  ought 
to  grieve  more  over  the  difference  of  judgment 
than  rejoice  over  carrying  the  decision  their  way. 

73. — II.  Every  Ruling  Elder  not  known  to  the  Presbytery 
shall  produce  a  certificate  of  his  regular  appointment  from  the 
Session  of  the  church  which  he  represents. 

This  implies  that  a  Euling  Elder  may  not  sit  in 
Presbytery  unless  regularly  appointed  by  his  Ses- 
sion ;  but  there  is  no  prescription  for  how  long  he 
may  be  appointed. 

74.— III.  Any  three  Ministers  belonging  to  the  Presbytery, 
together  with  at  least  one  Ruling  Elder,  being  met  at  the  time 
and  place  appointed,  shall  be  a  quorum  competent  to  proceed 
to  business. 

If  less  than  a  quorum,  they  can  wait  the  coming  of 
others,  until  the  required  quorum  is  present,  the 
time  of  meeting  being  construed  to  mean  from  the 
point  of  time  named  until  a  quorum  is  present ; 
and  so,  if  none  are  present  at  the  point  of  time, 
but  afterwards  a  quorum  arrives,  it  may  proceed  to 
business.  But  if  less  than  a  quorum  are  present  at 
the  point  of  time,  and  have  left,  supposing  there 


75  Chap.  V.,  Sec.  IV.,  Pars.  3,  4.  93 

would  be  no  quorum,  then  the  meeting  fails,  and 
no  number  coming  later  would  be  a  quorum. 
Otherwise  there  would  be  no  determinable  point 
at  which  the  meeting  fails. 

As  in  the  case  of  the  Session  (paragraph  63),  so 
here,  it  is  required  that  both  sorts  of  Presbyters 
be  present,  but  the  number  of  each  is  a  matter  of 
practicability ;  for  while,  in  the  case  of  the  Session, 
one  Minister  and  two  Buling  Elders  are  required, 
here  three  Ministers  and  one  Euling  Elder.  And 
the  requirement  that  both  should  be  present  is  not 
grounded  on  a  denial  that  a  court  of  Presbyters  of 
either  class,  were  there  none  of  the  other  available, 
would  be  a  competent  court,  but  on  the  affirmation 
that  neither  class  can  lawfully  assume  to  themselves 
authority  to  the  exclusion  of  the  other  class. 

It  is  calculated  that  ordinarily  the  numbers  here 

named  will  be  present,  even  when  the  meeting  is 

held  at  an  inconvenient  time  and  place,  and  that  so 

small  a  number  may  be  trusted  to  act  for  the  time 

rather  than  to  delay  pressing  business. 

75. — IV.  Ministers  seeking  admission  to  a  Presbj^terj^  shall 
be  examined  on  experimental  religion,  and  also  touching  their 
vi3ws  in  theology  and  church  government.  If  applicants  come 
from  other  denominations,  the  Presbytery  shall  also  require 
them  to  answer  in  the  aflfirmative  the  questions  put  to  candi- 
dates at  their  ordination. 

This  is  simply  an  instance  of  Presbytery  inquir- 
ing into  the  knowledge,  principles,  and  Christian 
conduct  of  the  ministers  under  its  care  (compare 
paragraph  67) ;  and  it  would  be  altogether  in  har- 
mony with  the  principles  of  the  Book  of  Church 
Order  for  the  Presbytery  to  make  such  inquiry  on 
other  occasions.  This  inquiry  is  prescribed  at  the 
transition  of  a  minister  into  another  Presbytery, 


94  Chap.  V.,  Sec.  IY.,  Par.  5.  75 

lest  sometimes  one  sliould  by  change  of  Presbyte- 
ries escape  discipline.  Moreover,  this  regulation 
occasions  a  frequent  recurrence  of  the  question  of 
the  purity  of  their  own  life  and  doctrines  to  the 
members  of  Presbytery.  It  may  therefore  serve  to 
confirm  what  is  good  as  well  as  to  prevent  what  is 
evil.  The  special  requirement  of  applicants  from 
other  denominations  simply  requires  of  them  what 
the  others  have  complied  with  at  their  ordination. 

If  the  Presbytery  should  reject  an  applicant  who 
comes  from  another  denomination,  and  take  no 
further  action,  he  would  be  left  in  ecclesiastical 
standing  where  he  was  before ;  and  there  is  no  ac- 
tion that  the  Presbytery  could  take,  unless  to  com- 
municate its  reasons  to  that  ecclesiastical  authority 
from  which  he  came.  But  in  the  case  of  a  Minis- 
ter coming  from  a  sister  Presbytery  of  this  Church, 
as  his  application  could  not  be  considered  until  it 
was  ascertained  that  he  had  been  regularly  dis- 
missed from  that  Presbytery  to  the  one  to  which 
he  applies,  under  the  jurisdiction  of  which  Presby- 
tery is  he,  between  the  time  of  the  acceptance  of 
his  certificate  as  a  regular  dismissal  and  his  formal 
admission?  Under  the  jurisdiction  of  the  Presby- 
tery from  which  he,  comes.  Otherwise,  he  would, 
as  soon  as  his  certificate  is  acted  upon,  and  before 
his  examination,  be  a  member  of  the  Presbytery 
to  which  he  applies  (for  he  is  a  member  of  that 
Presbytery  which  has  jurisdiction  over  him),  and 
he  could  no  longer  be  said  to  be  seeking  admission. 
But  if  the  Presbytery  refuses,  after  the  examina- 
tion, to  admit  him,  the  reasons  for  that  refusal 
should  be  certified  to  the  Presbytery  that  granted 
him  his  certificate.     Then  that  Presbytery  should 


76  Chap.  V.,  Sec.  IY.,  Par.  5.  95 

either  try  and  censure  him  bj  due  process,  or  in- 
sist upon  his  admission  into  the  other  Presbytery, 
leaving  the  issue  between  the  two  Presbyteries,  if 
they  cannot  agree,  to  be  determined  by  the  higher 
courts.  For  the  unity  of  the  Church  is  broken  if 
it  does  contradictory  things  through  two  courts. 
(Cf.  par.  67:4.) 

76.— V.  The  Presbytery  shall  cause  to  be  transcribed,  in 
some  convenient  part  of  the  book  of  records,  the  obligations 
required  of  Ministers  at  their  ordination,  which  shall  be  sub- 
scribed by  all  admitted  to  membership,  in  the  following  form, 
viz. :  "I,  A.  B,,  do  exanimo  receive  and  subscribe  the  above 
obligation  as  a  just  and  true  exhibition  of  my  faith  and  princi- 
ples, and  do  resolve  and  promise  to  exercise  my  ministry  in 
conformity  thereunto." 

These  obligations  are  the  first  seyen  questions  in 
paragraph  119,  the  eighth  being  a  question  for  in- 
stallation only. 

All  persons  admitted  to  the  communion  in  this 
Church  are  required  to  promise  to  behaye  accord- 
ing to  the  j9m^c?*/^Ze<9  of  the  faith  and  practice  of 
this  Church.  All  officers  are  required  to  profess 
acceptance  of  the  standards  of  doctrine  and  goy- 
ernment,  and  to  promise  faithfulness  in  office;  and, 
in  the  case  of  Kuling  Elders  and  Ministers,  special 
emphasis  is  laid  upon  soundness  in  the  faith  as  a 
qualification.  (Par.  44 ;  cf.  par.  48.)  In  addition 
to  this,  Ministers  are  required  to  make  this  sub- 
scription, which  inyolyes  two  special  particulars: 
they  here  profess  that  the  affirmations  and  pro- 
mises made  at  their  ordination  are  a  just,  as  well 
as  a  true  exhibition  of  their  faith  and  principles; 
and  they  further  promise  to  exercise  their  ministry 
in  conformity  thereunto.  It  is  conceiyable  that  a 
man  might  sincerely  answer  all  the  questions  in  the 


96  Chap.  V.,  Sec.  IY.,  Par.  5.  76 

affirmative,  and  yet  not  be  able  to  say  that  they 
are  a  just  exhibition  of  his  principles.  And  it 
might  come  about  that  one  who  sincerely  answered 
these  questions  in  the  affirmative  at  his  ordination 
would  not  be  able  to  do  so  at  his  transition  to  an- 
other Presbytery.  In  such  case,  he  could  not  sub- 
scribe.    Here  emerge  two  questions. 

If,  for  this  or  any  reason,  a  Minister  refuses  to 
subscribe  as  here  required,  is  he  a  member  of  the 
Presbytery  to  which  he  has  come?  No;  his  ad- 
mission is  not  completed  until  he  subscribes,  any 
vote  to  admit  him  being  really  a  vote  to  admit  him 
upon  his  subscribing.  Strictly,  a  Minister  who  has 
been  approved  on  examination  should  not  be  en- 
rolled as  a  member  until  he  subscribes. 

If  a  Minister,  after  his  ordination,  changes  his 
convictions,  so  that  he  cannot  sincerely  make  the 
affirmations  that  he  made  at  his  ordination,  what 
ought  he  to  do  ?  It  is  the  doctrine  of  the  Form  of 
Government  that  he  ought  not  to  change  his  mind ; 
and,  therefore,  it  does  not  belong  to  an  exposition 
of  it  to  answer  the  question.  Whether  the  courts 
should  treat  such  a  change  as  an  offence,  should 
be  answered  under  paragraph  152  of  the  Kules  of 
Discipline. 

Here  belongs  the  consideration  of  the  question 
whether  the  Church  should  require  such  a  sub- 
scription as  a  condition  of  admission  to  the  minis- 
try. That  turns  upon  the  question  whether  this 
requires  more  than  Christ  requires.  Are  the  faith 
and  principles  which  he  toaches,  and  to  which  he 
commands  all  his  ministers  to  conform  their  minis- 
try, justly  exhibited  in  the  affirmations  required 
by  the  Form  of  Government  at  ordination  ?     And 


77  Chap.  Y.,  Sec.  IV.,  Par.  6.  97 

this  question  is  reserved  for  discussion  where  those 
affirmations  are  required.  But  the  requiring  of 
promise  and  subscription  is  a  prudential  means, 
permissible  if  nothing  is  required  beyond  what 
Christ  requires. 

77.  —VI.  The  Presbytery  has  power 

1.  to  receive  and  issue  appeals,  complaints  and  references 
brought  before  it  in  an  orderly  manner ; 

What  is  an  orderly  maner,  and  how  the  Presby- 
tery shall  proceed,  are  questions  answered  in  the 
Rules  of  Discipline. 

2.  and  in  cases  in  which  the  Session  cannot  exercise  its 
authority,  shall  have  power  to  assume  original  jurisdiction; 

The  continuity  and  harmony  of  the  sentence  would 
have  required  it  to  run  thus:  "to  assume  original 
jurisdiction  in  cases  in  which  the  Session  cannot 
exercise  its  authority."  But  the  clause  was  in- 
serted as  an  amendment,  and  in  the  framing  of  it 
the  harmony  of  the  sentence  was  not  sufficiently 
attended  to.  These  cases  will  be  as  follows :  where 
there  is  no  Session ;  in  all  matters  for  which  one 
Elder  is  incompetent,  where  there  is  but  one  mem- 
ber of  the  Session ;  in  every  matter  for  which  the 
Session  as  it  exists  is  disqualified  by  the  relations 
of  its  members  to  the  matter.  Of  its  own  ability 
the  Session  must  judge,  and  of  the  need  of  assum- 
ing jurisdiction  the  Presbytery  must  judge. 

If  the  Session  underta.kes  that  for  which  it  is  not 
competent,  the  Presbytery  does  not  have  to  wait 
for  the  Session  to  refer  the  question  of  its  inability 
to  the  Presbytery,  nor  for  some  one  to  complain 
against  the  Session  as  unable ;  but  the  Presbytery 
may  act  upon  its  own  information,  and  assume  the 
functions  of  the  Session  at  its  discretion,  whenever 
6 


98  Chap.  Y.,  Sec.  IV.,  Pah.  6.  77 

the  Presbytery  judges  the  Session  to  be  unable. 
This  action  of  the  Presbytery,  as  every  other  of  its 
actions,  is  subject  to  review  by  the  higher  courts. 

In  all  cases  where  there  is  no  Session,  the  Pres- 
bytery is  the  Session. 

3.  to  examine  and  license  candidates  for  the  holy  ministry ; 

As  no  time  is  prescribed  to  elapse  between  the 
Presbytery's  first  recognition  of  one  as  a  candidate 
till  his  licensure,  he  may  be  under  the  Presbytery's 
care  as  a  candidate  an  indefinite  length  of  time; 
and  his  examinations  may  take  place  from  time  to 
time,  in  the  discretion  of  Presbytery.  But  he  is 
not  a  licentiate,  until  he  is  licensed ;  and  after  he 
is  licensed,  he  still  remains  a  candidate  for  the 
holy  ministry,  for  no  one  is  a  Minister  until  he  is 
ordained.  Obviously,  it  lies  with  the  Presbytery 
to  give  directions  to  a  candidate  in  his  prepara- 
tions pending  the  conclusion  of  his  examinations. 

4.  to   receive,  dismiss,  ordain,  install,  remove  and  judge 
Ministers ; 

More  special  regulations  for  the  exercise  of  these, 
as  of  other  functions,  are  to  be  found  elsewhere; 
but  such  regulations  are  not  intended  to  take  away 
the  powers  here  assigned.  The  power  to  receive, 
dismiss,  ordain  and  judge  Ministers  involves  full 
jurisdiction  over  their  conduct  and  teachings,  pri- 
vate and  official ;  and  the  power  also  to  install  and 
remove  them  involves  full  control  over  them  in 
assigning  them  to  spheres  of  labor.  While  the 
Presbytery  could  not  appoint  any  Minister  to  a 
labor  to  which  Christ  does  not  appoint  him,  and  it 
must  be  assumed  that  Christ  will  make  known  his 
will  to  the  Minister  as  well  as  to  the  Presbytery, 


77  Chap.  Y.,  Sec.  IY.,  Par.  6.  99 

yet  Christ  may  speak  to  him  through  the  Presby- 
tery ;  and  he  has  promised  subjection  to  his  breth- 
ren in  the  Lord.  Constitutionally,  Ministers  r.re 
subject  to  the  order  of  Presbytery. 

5.  to  review  the  record  of  church  Sessions,  redress  what- 
ever they  may  have  done  contrary  to  order,  and  take  effectual 
care  that  they  obser^^e  the  Constitution  of  the  Church ; 

It  is  not  enough  to  look  over  the  sessional  records, 
but  the  Presbytery  should  "redress  whatever"  the 
Sessions  "have  done  contrary  to  order."  The 
Sessions  are  small  in  numbers,  and  often  of  neces- 
sity composed  of  men  only  imperfectly  acquainted 
with  the  application  of  the  principles  of  order,  and 
the  Presbytery  is  supposed  to  be  composed  of  men 
among  whom  will  be  some  of  superior  skill  and 
wisdom  in  these  matters ;  and  accordingly  the  Pres- 
bytery is  given  the  greatest  power  of  supervision. 
And  it  is  able  effectually  to  see  that  they  observe 
the  Constitution ;  for  the  Presbytery  may,  as  pointed 
out  above,  assume  the  functions  of  the  Session 
when  it  finds  the  Session  unable  to  exercise  its 
authority.  As  it  would  be  exceedingly  tedious  to 
read  over  all  the  Session  records  before  the  whole 
Presbytery,  they  may  be  referred  to  committees 
to  examine  in  detail  and  report  upon;  but  care 
should  be  taken  that  these  committees  are  men  of 
superior  ability  as  Presbyters,  and  they  should  do 
their  work  carefully  and  make  their  reports  to 
Presbytery  full. 

6,  to  establish  the  pastoral  relation,  and  to  dissolve  it  at 
the  request  of  one  or  both  of  the  parties,  or  where  the  interests 
ot  religion  imperatively  demand  it ; 

Full  regulations  are  elsewhere  given  for  the  first  two 
items   of  this   clause;  but   where  the   interests   of 


100  Chap.  V.,  Sec.  IV.,  Par.  6.  77 

religion  imperatively  demand  the  dissolution,  the 
Presbytery  may  act  without  the  request  or  consent 
of  either  party. 

7.  to  set  apart  Evangelists  to  their  proper  work ; 

The  principle  must  apply  to  teachers,  editors  and 
Ministers  called  to  labor  in  such  other  works  as 
may  be  needful  to  the  Church.     (Cf.  par.  37.) 

8.  to  require  Ministers  to  devote  themselves  diligently  to 
their  sacred  calling  and  to  censure  the  delinquent ; 

There  is  much  official  work  for  a  Minister  to  do 
who  is  not  engaged  as  Pastor  or  in  any  special 
work.  Ministers  may  be  delinquent  in  doing  this 
general  labor,  and  they  may  be  delinquent  in  not 
entering  into  openings  for  special  labor.  The 
Presbytery  should  allow  no  man  to  retain  the  dig- 
nity and  power  of  a  Minister  who  will  not  dili- 
gently devote  himself  to  his  official  work.  If  the 
Presbyteries  will  faithfully  exercise  their  power  of 
appointing  their  Ministers  to  special  work,  they 
may  also  exercise  this  power  of  requiring  them  to 
devote  themselves  to  their  ministerial  duties. 

9.  to  see  that  the  lawful  injunctions  of  the  higher  courts 
are  obeyed ; 

by  itself  and  by  its  Sessions  and  churches. 

10.  to  condemn  erroneous  opinions  which  injure  the  purity 
or  peace  of  the  Church  ; 

It  is  not  intended  that  Presbytery  shall  take  note 

of  all  opinions.     An  opinion  to  be  condemned  by 

Presbytery  should   be  such  as  is  erroneous,   as  is 

injurious  to  either  the  purity  or  the  peace  of  the 

Church,  and  as  will  have  its  injurious  influence 

diminished  by  the  Presbytery's  condemnation.  But 

the  Presbytery  in  condemning  such  opinions  is  not 

going  outside  of  its  proper  sphere. 


77  Chap.  V.,  Sec.  IY.,  Par.  6.  101 

11.  to  visit  churches  for  the  purpose  of  redressing  the  evils 
that  may  have  arisen  in  them ; 

For  the  exercise  of  this  power  the  Presbytery  is 
given  an  effectual  method,  the  assumption  of  the 
jurisdiction  of  Session  in  needful  cases. 

12.  to  unite  or  divide  churches,  at  the  request  of  the  mem- 
bers thereof ; 

While  Presbytery  has  discretion  to  refuse  to  unite 
or  divide  churches  when  the  members  request,  it 
may  not  unite  two  churches  unless  the  members  of 
each  request  it,  nor  divide  a  church  unless  its 
members  request  it.  This  makes  sacred  to  its  own 
decision  the  individuality  of  the  particular  church. 
It  is  in  the  particular  chuch  as  nowhere  else  that 
the  whole  idea  of  the  Church  is  gathered  up  and 
expressed;  and  a  group  of  churches  such  as  is 
united  in  a  denomination,  as  the  Presbyterian 
Church  in  the  United  States,  cannot  so  well  or  so 
fully  express  the  life  and  unity  of  the  whole  Church 
as  can  a  particular  church.  Therefore  the  particular 
church,  while  not  independent  of  other  churches, 
does  not  exist  for  the  denomination,  but  the  de- 
nomination for  the  particular  church.  It  is  to  be 
assumed  that,  when  there  ought  to  be  a  union  or 
division  of  particular  churches,  the  members 
thereof  can  be  brought  to  see  it;  and  if  they 
should  be  too  hasty  to  request  union  or  division 
in  any  case,  the  Presbytery  may  refuse  the  request. 
Has  Presbytery,  then,  the  power  to  dissolve  a 
church  without  the  consent  of  its  members  ?  Cer- 
tainly not.  For  if  it  cannot  divide  it  without  its 
consent,  it  cannot  annihilate  it.  But  a  church  may 
cease  to  exist,  and  whether  a  church  still  exists  or 
not  Presbytery  must  judge;  otherwise,  Presbytery 


102  Chap.  V.,  Sec.  IV.,  Par.  6.  77 

could  not  even  determine  what  churches  are  under 
its  jurisdiction.  When  does  a  church  cease  to  exist 
as  a  particular  church?  When  (paragraph  20)  it 
ceases  to  consist  of  a  number  of  professing  Chris- 
tians; when,  its  members  having  offspring,  it  ceases 
to  associate  these  with  their  parents;  when  it  ceases 
to  he  an  association  for  divine  loorsJiip ;  when  it 
ceases  to  be  an  association  for  godly  living ;  when 
it  ceases  to  act  according  to  the  Scriptures;  or 
when  it  ceases  to  submit  to  the  lawful  government 
of  Christ's  kingdom.  When  the  Presbytery  finds 
any  of  these  marks  it  may  declare  the  fact  that  the 
church  has  ceased  to  be  a  church.  Individual 
members  of  a  church  thus  dissolved,  as  all  mem- 
bers under  the  jurisdiction  of  Presbytery  and  not 
under  the  immediate  jurisdiction  of  a  Session,  are 
under  the  immediate  jurisdiction  of  Presbytery 
and  may  by  it  be  given  letters  of  dismission  to 
other  churches. 

Whenever  what   was   a   church  ceases  to  meet 
statedly  for  divine  worship,  it  ceases  to  be  a  church. 

13.  to  form  and  receive  new  churches ; 

(Cf.  Sec.  V.  of  Chap.  II.)  It  may  also  receive 
churches  from  other  Presbyteries  or  (subject  to  90: 
14)  churches  existing  outside  of  the  Presbyterian 
Church  in  the  United  States. 

14.  to  take  special  oversight  of  vacant  churches ; 

(Cf.  2.) 

15.  to  concert  measures  for  the  enlargement  of  the  Church 
within  its  bounds ; 

It  belongs  to  the  Presbytery  to  do  this  rather  than 
to  individuals  or  voluntary  associations ;  but  in  the 
exercise  of  this  power  the  Presbytery  cannot  tran- 


78  Chap.  V.,  Sec.  IV.,  Pars.  6,  7.  103 

scend  limitations  or  violate  regulations  elsewhere 
laid  down. 

16.  in  general,  to  order  whatever  pertains  to  the  spiritual 
welfare  of  the  churches  under  its  care ; 

As  the,  churches  hav.e  no  other  sort  of  welfare,  this 
is  equivalent  to  saying  welfare.  Here,  again,  the 
Presbytery  is  not  by  this  clause  given  any  power 
beyond  limitations  or  contrary  to  regulations  else- 
where laid  down.  In  this  and  the  preceding  regu- 
lation, it  is  implied  that  it  belongs  to  higher  courts 
to  care  for  the  enlargement  of  the  Church  and  the 
welfare  of  the  churches  outside  the  bounds  of  the 
Presbytery. 

17.  to  appoint  commissioners  to  the  General  Assembly; 

By  analogy  with  paragraph  67,  last  clause,  and  ac- 
cording to  paragraph  88,  these  are  to  make  report 
of  their  diligence. 

18.  and,  finally,  to  propose  to  the  Synod  or  to  the  Assem- 
bly such  measures  as  may  be  of  common  advantage  to  the 
Church  at  large. 

For  while  it  does  not  belong  to  the  Presbytery  it- 
self to  care  for  what  lies  outside  of  its  own  district, 
it  Is  proper  for  it  to  be  concerned,  and  to  propose 
to  the  higher  courts  measures  reaching  beyond  its 
own  district.  And,  indeed,  the  Presbyteries  are 
the  very  courts  where  plans  for  the  whole  Church 
can  receive  the  most  careful  and  prolonged  consid- 
eration in  counsel.  In  the  larger  courts  and  courts 
whose  action  will  be  final,  there  is  likely  to  be  de- 
bate rather  than  counsel. 

78.  — VII.  The  Presbytery  shall  keep  a  full  and  fair  record 
of  its  proceedings,  and  shall  send  it  up  to  the  Synod  annually 
for  review.  It  shall  report  to  the  Synod  and  the  General 
Assembly  every  year  the  condition  and  progress  of  religion 


104  Chap.  V.,  Sec.  IV.,  Pars.  7,  8.  79 

within  its  bounds  during  the  year;  and  all  the  important 
changes  which  may  have  taken  place,  such  as  the  licensures, 
the  ordinations,  the  receiving  or  dismissing  of  members,  the 
removal  of  members  by  death,  the  union  and  the  division  of 
churches  and  the  formation  of  new  ones. 

The  records  are  sent  up  to  Synod  in  order  that 
the  Synod  may  be  able  to  discharge  its  function  of 
review  and  control;  and  the  examination  and  cri- 
ticism of  these  records  should  be  thorough.  The 
reports  to  Synod  and  Assembly  are  for  informa- 
tion, and  especially  for  the  tabulation  of  statistical 
information.  It  is  striking  that  no  report  of  the 
dissolution  of  churches  is  called  for.  Does  the 
Constitution  assume  that  a  church  cannot  cease? 
(Cf.  par.  77':  12.) 

79. — VIII.  The  Presbytery  shall  meet  at  least  twice  a  year 
on  its  own  adjournment;  and  when  any  emergency  shall  re- 
quire a  meeting  sooner  than  the  time  to  which  it  stands  ad- 
journed, the  Moderator,  or,  in  case  of  his  absence,  death, 
or  inability  to  act,  the  Stated  Clerk  shall,  with  the  con- 
currence, or  at  the  request  of  two  Ministers  and  two  Ruling 
Elders  of  different  churches,  call  a  special  meeting.  For  this 
purpose  he  shall  give  notice,  specifying  the  particular  business 
of  the  intended  meeting,  to  every  Minister  belonging  to  the 
Presbytery,  and  to  the  Session  of  every  vacant  church,  in  due 
time  previous  to  the  meeting,  which  shall  not  be  less  than  ten 
days.  And  nothing  shall  be  transacted  at  such  special  meet- 
ing besides  the  particular  business  for  which  the  court  has 
been  thus  convened. 

A  meeting  of  Presbytery,  then,  is  a  single  session, 
or  a  series  of  sessions. 

A  ineeting  "on  its  own  adjournment"  is  a  "stated 
meeting"  (par.  54),  and  not  a  part  of  the  sessions 
of  a  meeting.  It  is  the  intention  that  a  Presby- 
tery shall  hold  at  least  two  stated  meetings  a  year, 
not  counting  adjottrned  sessions.  Regular  meeting 
is  a  synonym  of  stated  meeting. 

The  power  of  the  Moderator  to  call  a  special 


79  Chap.  V.,  Sec.  IY.,  Par.  8.  105 

meeting  before  the  time  of  the  stated  or  regular 
meeting  (par.  55)  is  here  limited  in  the  case  of  the 
Moderator  of  the  Presbytery,  for  he  is  not  to  call  it 
unless  with  the  concurrence  of  two  Ministers  and 
two  Ruling  Elders  of  different  churches.  Is  he 
bound  to  call  it  upon  the  request  of  these  four, 
when  in  his  own  judgment  there  is  no  emergency 
requiring  it?  No.  To  him,  as  Moderator,  belongs 
some  authority  in  this  matter;  but  if  he  had  no 
discretion  but  to  call  it  at  the  request  of  less  than 
a  quorum,  he  would  have  no  authority  at  all.  Less 
than  a  quorum  cannot  force  a  meeting;  for  the 
power  of  the  Moderator  as  defined  in  paragraph  55 
is  not  here  taken  away,  but  only  limited.  Other- 
wise a  very  small  minority,  even  less  than  a  quo- 
rum, could  force  a  special  meeting  in  such  condi- 
tions as  would  permit  the  attendance  of  so  few 
that  they  would  be  a  majority,  and  thus  the  Pres- 
bytery would  be  at  the  mercy  of  a  faction.  But 
the  Moderator,  who  is  assumed  to  represent  the 
Presbytery,  and  who,  in  the  exercise  of  his  discre- 
tion, would  properly  consider  what  the  Presbytery 
would  desire,  may  protect  the  Presbytery  against 
design  and  useless  expense  and  trouble.  How- 
ever, this  conclusion,  that  the  Moderator  is  not 
bound  to  call  a  meeting  when  thus  requested,  is  so 
doubtful  that  he  ought  not  to  refuse  unless  for  very 
good  reasons. 

That  the  whole  spirit  of  the  paragraph  discourages 
special  meetings  is  evident  from  the  three  pruden- 
dential  and  preventive  requirements :  that  the  two 
Ruling  Elders  must  be  of  different  churches,  thus  in- 
creasing the  difficulty  of  getting  the  number ;  that 
so  long,  and  so  universal,  and  so  particular  a  notice 


106  Chap.  V.,  Sec.  IV.,  Par.  9.  80 

must  be  sent  out ;  and  that  nothing  can  be  trans- 
acted at  the  special  meeting  but  what  is  specified 
in  the  call. 

That  these  precautions  may  not  make  a  special 
meeting  impossible,  in  case  the  call  cannot  be  issued 
by  the  Moderator,  on  account  of  absence,  death,  or 
inability,  the  Clerk,  who  will  be  generally  known, 
is  to  act  in  his  place ;  but  the  Clerk  is  not  to  act 
in  case  the  Moderator,  being  compos  mentis,  re- 
fuses to  call  a  meeting. 

The  actions  of  a  meeting  not  properly  called  are 
void  if  called  in  question. 

80.— IX.  Ministers,  in  good  standing  in  other  Presbyteries, 
or  in  any  ecclesiastical  body  with  which  this  Church  has  es- 
tablished correspondence,  being  present  at  any  meeting  of 
Presbytery,  may  be  invited  to  sit  and  deliberate  as  correspond- 
ing members.  Also,  Ministers  of  like  standing  in  other  Evan- 
gelical Churches  may  be  invited  to  sit  as  visiting  brethren  In 
all  these  cases  it  is  proper  for  the  Moderator  to  introduce 
these  Ministers  to  the  Presbytery,  and  give  them  the  right 
hand  of  fellowship. 

Euling  Elders  are  not  included,  as  not  being  ex 
officio  members  of  Presbytery,  but  of  Session. 

Churches  are  here  classified  as  non-Evangelical 
and  Evangelical,  which  term,  not  being  elsewhere 
defined  in  this  connection,  and  being  necessarily 
more  or  less  approximate,  the  Presbytery  must 
construe  as  cases  arise.  And  Evangelical  Churches 
are  classified  into  those  with  which  this  Church 
has  established  correspondence,  and  those  with 
which  it  has  not — a  provision  designed  to  empha- 
size the  difference  between  correspondence  and  fra- 
ternal relations  without  correspondence,  corres- 
pondence being  intermediate  between  fraternal  rela- 
tions and  organic  union.     For  this  Church  looks 


81,83,83     Chap,  v.,  Sec.  v.,  Pars.  1,2, 3.  107 

upon  other  Churches  with  this  question,  What  hin- 
ders organizational  unity?  Accordingly,  corres- 
ponding members  are  invited  to  deliberate,  but 
not  to  vote,  whilst  visiting  brethren  are  invited 
only  to  sit,  but  not  to  deliberate  or  vote. 

Section  V. — Oftlie  Synod. 

Before  laying  down  the  powers  of  the  Synod  in 
paragraph  4,  the  questions  of  membership,  meetings 
and  corresponding  members  are  disposed  of  in  the 
first  three  paragraphs,  and  the  regulations  concern- 
ing its  records  and  reports  are  added  in  paragraph  6. 

81. — I.  The  Sj'Dod  consists  of  all  the  Ministers  and  one 
Ruling  Elder  from  each  church,  iu  a  district  comprising  at 
least  three  Presbyteries.  The  qualifications  for  membership 
in  the  Synod  and  the  Presbytery  are  the  same. 

The  Synod  being  simply  a  larger  Presbytery,  the 
difference  between  a  single  Presbytery  and  two 
meeting  together  is  not  sufficient  to  justify  a,  dis- 
tinction of  courts.  A  Session  may  send  one  Kul- 
ing  Elder  to  Presbytery  and  another  to  Synod. 

82. — II.  The  Synod  shall  meet  at  least  once  in  each  year, 
and  any  seven  Ministers  belonging  to  it,  who  shall  convene  at 
the  time  and  place  of  meeting,  with  at  least  three  Puling  El- 
ders, shall  be  a  quorum;  provided  not  more  than  three  of  the 
said  Ministers  belong  to  one  Presbytery. 

(Cf.  remarks  on  par.  74.)      The  provision  secures 

that  at  least  three  Presbyteries  will  be  represented. 

Nothing  could  pass  a  bare  quorum  without  having  at 

least  six  in  favor  of  it,  as  less  than  six  would  not 

be  a  majority. 

83. — III.  The  same  rule  as  to  corresponding  members, 
which  is  laid  down  with  respect  to  the  Presbytery,  shall  apply 
to  the  Synod, 

Probably  this  includes  also  the  rule  as  to  visit- 
ing brethren.     (Cf,  par.  80.) 


108  Chap.  V.,  Sec.  V.,  Par.  4.  84 

84. — IV.  The  Synod  has  power 

1.  to  receive  and  issue  all  appeals,  complaints,  and  refer- 
ences, regularly  brought  up  from  the  Presbyteries ; 

(Cf.  par.  77:  l.j 

2.  to  review  the  records  of  the  Presbyteries,  and  redress 
whatever  they  may  have  done  contrary  to  order ; 

(Cf.  par.  77:  5.) 

3.  to  take  effectual  care  that  they  observe  the  Constitution 
of  the  Church,  and  that  they  obey  the  lawful  injunctions  of  the 
higher  courts ; 

(Cf.  pars.  77 :  5,  9.) 

4.  to  erect  new  Presbyteries,  and  unite  or  divide  those 
which  were  before  erected : 

This  is  parallel  to  the  Presbytery's  power  to  form, 
unite,  and  divide  churches.  But  the  Synod  does 
not  have  to  wait  for  the  consent  of  the  Presbyte- 
ries. 

5.  to  appoint  Ministers  to  such  work,  proper  to  their  office, 
as  may  fall  under  its  own  i)articular  jurisdiction; 

This  does  not  involve  the  powers  of  Presbytery 
enumerated  in  77 :  4,  6,  7,  8. 

6.  in  general,  to  take  such  order  with  respect  to  the  Pres- 
byteries, Sessions,  and  churches  under  its  care  as  may  be  in 
conformity  with  the  AVord  of  God  and  the  established  rules,  and 
may  tend  to  promote  the  edification  of  the  Church, 

(Cf.  77:  15.) 

Sweeping  as  this  provision  appears,  it  has  three 
limitations :  whatever  a  Synod  may  do  in  the  exer- 
cise of  this  power,  not  in  conformity  to  the  Word 
of  God,  is  null  and  void,  and  of  this  conformity 
each  Presbytery,  Session,  and  church  must  judge, 
as  well  as  the  Synod;  the  same  may  be  said  of 
conformity  to  the  established  rules,  that  is,  the 
rules  laid  down  in  the  Book  of  Church  Order;  and 
it  must  tend  to  promote  the  edification  of  the  church, 


85,86  CHAP.Y.,SEC.V.,PAR.5;SEC.yL,PAR.l.  109 

of  which  tendency,  however,  the  Synod  is  the  sole 
judge,  subject  to  the  review  of  the  Assembly. 

7.  to  concert  measures  for  'promoting  the  prosperity  and 
enlargement  of  the  Church  within  its  bounds  ; 

(Cf.  77:  14.) 

8.  and,  finally,  to  propose  to  the  General  Assembly  such 
measures  as  may  be  of  common  advantage  to  the  whole 
Church. 

(Cf.  77:  17.) 

85. — V.  It  shall  be  the  duty  of  the  Synod  to  keep  full  and 
fair  records  of  its  proceedings,  to  submit  them  annually  to  the 
inspection  of  the  General  Assembly,  and  to  report  to  it  the 
number  of  its  Presbyteries  and  of  the  members  thereof,  and  in 
general,  all  important  changes  which  may  have  occurred  with- 
in its  bounds  during  the  year. 

(Cf.  78.)  The  number  of  its  Euling  Elder  mem- 
bers is  the  same  as  the  number  of  the  churches  of 
its  Presbyteries. 

Section  VI.  Of  the  General  Assembly. 
After  a  special  statement  of  the  dignity  and  dis- 
tinctive nature  of  the  General  Assembly  in  the 
first  paragraph,  and  the  disposal  of  the  matters  of 
meetings,  members  and  quorum  in  the  next  three 
paragraphs,  the  powers  of  the  Assembly  are  enum- 
erated in  the  fifth  paragraph,  and  a  special  provi- 
sion as  to  adjournment  is  added  in  the  sixth  j^ara- 
graph. 

86. — I.  The  General  Assembly  is  the  highest  court  of  this 
Church,  and  represents  in  one  body  all  the  churches  thereof. 
It  bears  the  title  of  THE  GENERAL  ASSEMBLY  OF  THE 
PRESBYTERIAN  CHURCH  IN  THE  UNITED  STATES, 
and  constitutes  the  bond  of  union,  peace  and  correspondence 
among  all  its  congregations  and  courts. 

The  title  was  not  meant  to  deny  that  there  are 
other  Presbyterian  Churches  in  the  United  States, 
but  was  selected  as  indicating  that  this  Church  is 


110  CHAr.  Y.,  Sec.  VI.,  Pars.  2,  3.       87,  88 

not  sectional  and  as  recognizing  the  duty  of  obedi- 
ence to  the  government  under  which  its  members, 
in  the  providence  of  God,  are  placed.  While  it  is 
manifestly  the  bond  of  union  and  peace  among  all 
its  congregations  and  courts,  and  its  dignity  and 
efficiency  should  be  cherished  as  such,  it  must  be 
remembered  also  that  it  is  the  bond  of  correspond- 
ence. For  as  churches  may  not  negotiate  with 
one  another,  except  under  review  of  their  Presby- 
teries, nor  Presbyteries  with  one  another,  except 
under  review  of  their  Synods,  so  neither  can 
Synods  with  one  another,  except  under  review  of 
the  Assembly. 

87. — II.  The  General  Assembly  shall  meet  at  least  anmially, 
and  shall  consist  of  commissioners  from  the  Presbyteries  in 
the  following  proportion,  viz. :  Every  Presbytery  shall  be  en- 
titled to  send  one  Minister  and  one  Ruling  Elder ;  but  if  it  con- 
sists of  more  than  twenty-four  ministerial  members,  it  shall 
send  an  additional  Minister  and  Ruling  Elder. 

This  makes  the  number  of  Ministers  and  Ruling 
Elders  in  the  Assembly  equal.  It  also  operates  as 
an  inducement  to  divide  Presbyteries  when  they 
come  to  have  many  more  than  twenty-four  Minis- 
ters.    (Cf.  remarks  under  72.) 

88. — III.  Each  Commissioner,  before  his  name  shall  be  en- 
rolled as  a  member  of  the  Assembly,  shall  produce  from  his 
Presbytery  a  commission  under  the  hand  of  the  Moderator  and 
Clerk 

The  end  of  these  requirements  is  to  prevent  the 
possibility  of  anyone  coming  in  who  has  not  been 
appointed  by  his  Presbytery ;  and  they  were  more 
necessary  when  there  was  no  telegraph  and  like 
means  of  rapid  communication,  and  when  there 
was  danger  that  the  civil  power  might  appoint 
men  to  attend  as  members  ;  but  doubtless  now,  the 


88  Chap.  V.,  Sec.  YL,  Par.  3.  Ill 

end  being  secured,  it  would  be  no  violation  of  the 
intent  of  the  Constitution  if  the  Assembly,  after 
being  constituted,  should  permit  a  delegate  to  sit 
without  producing  his  written  commission,  in  case 
it  had  been  misplaced  or,  bj  accident,  had  not  been 
made  out.  The  requirement  of  the  Moderator's 
signature  is  a  modification  of  the  provision  in  the 
last  sentence  of  56. 

in  the  following  or  like  form,  viz.:    "The    Presbytery  of 

being  met  at on  the 

....    day  of ,  doth  hereby  appoint  A. 

B.,  Minister  [or  Ruling  Elder,  as  the  case  may  be],  and  in 
case  of  his  absence,  then  C.  D.,  Minister  [or  Ruling  Elder,  as 
the  case  may  be],  to  be  a  Commissioner  on  behalf  of  this  Pres- 
bytery to  the  next  General  Assembly  of  the   Presbyterian 

Church  in  the  United  States,  to  meet  at on  the 

.  .  day  of  .  .  .  .,  A.  J).,  or  wherever  and  whenever  the  said 
Assembly  may  happen  to  sit;  to  consult,  vote,  and  determine 
on  all  things  that  may  come  before  that  body,  according  to  the 
principles  and  Constitution  of  this  Church  and  the  Word  of  God. 
And  of  his  diligence  herein  he  is  to  render  an  account  at  his 
return.  Signed  by  order  of  the  Presbytery. 

"[C.  D.j,  Clerk.  [A.  B.],  Moderator:' 

A  commissioner  is  appointed  to  sit  in  one  As- 
sembly; but,  if  a  Presbytery  so  chooses,  it  may 
appoint  the  same  man  as  often  as  it  will.  If  an 
Assembly  adjourns  to  a  continuance  of  its  sessions, 
the  commissioners  already  appointed  have  the  right 
to  sit  in  the  adjourned  sessions ;  but  a  Presbytery 
would  certainly  have  the  right  to  withdraw  a  com- 
mission once  issued,  and  to  commission  another  to 
the  same  Assembly  at  any  time.  So,  if  neither  the 
principal  delegate  nor  his  alternate  can  attend,  the 
Presbytery  would  have  the  right  to  make  a  new 
appointment.  And  the  alternate,  appearing  at  any 
time,  even  after  the  principal  has  been  enrolled, 
would  have  the  right  to  sit  in  the  absence  of  his 


112  Chap.  Y.,  Sec.  YI.,  Pars.  4,  5.       89,  90 

principal.  In  other  words,  a  Presbytery  cannot  be 
deprived  of  its  right  to  full  representation  in  all 
the  sessions  of  the  Assembly.  "One  Assembly" 
means  one  meeting  of  the  Assembly.  (See  defini- 
tion of  "meeting"  under  79.) 

A  Presbytery  may  appoint  as  delegate  to  the 
General  Assembly  any  Euling  Elder  belonging  to 
a  church  under  its  jurisdiction,  including  even  a 
Euling  Elder  not  at  the  time  in  official  relations 
with  any  church. 

89. — IV.  Any  eighteen  of  these  commissioners,  of  whom 
one-half  shall  be  Ministers,  and  at  least  five  shall  be  Ruling 
Elders,  being  met  on  the  day  and  at  the  place  appointed,  shall 
be  a  quorum  for  the  transaction  of  business. 

(Of.  par.  74.)  As  there  must  be  at  least  nine 
Ministers,  at  least  nine  Presbyteries  (unless  some 
of  the  Presbyteries  are  quite  large)  will  be  repre- 
sented, and  almost  certainly  more  than  one  Synod. 
It  is  assumed  that,  in  case  of  special  difficulties  in 
the  way  of  securing  a  quorum,  more  Ministers 
could  be  present  than  Ruling  Elders. 

Here  it  reads,  "quorum  for  the  transaction  of 
business,"  making  it  plain  that,  if  the  number  pre- 
sent at  any  time  falls  below  the  requirements  for  a 
quorum,  business  cannot  be  transacted ;  and  this  is 
to  be  assumed  also  in  the  cases  of  the  other  courts. 

90. — V.  The  General  Assembly  shall  have  power,  1,  to  re- 
ceive and  issue  all  apjieals,  references,  and  complaints  regu- 
larly brought  before  it  from  the  inferior  courts; 

(Cf.  77,1;  and  84,  I.) 

2.  to  bear  testimony  against  error  in  doctrine  and  immorality 
in  practice,  injuriously  affecting  the  Church ; 

(Cf.  77:  10.) 

3.  to  decide  in  all  controversies  respecting  doctrine  and  disci- 
pline ; 


90  Chap.  V.,  Sec.  YI.,  Par.  5.  113 

This  is  a  power  peculiar  to  the  Assembly;  for, 
while  the  other  courts  decide  in  the  sense  of  ren- 
dering a  judgment,  that  judgment,  if  controverted, 
is  not  the  decision  of  the  controversy ;  but  the  As- 
sembly's judgment  is  the  judgment  of  the  Church, 
and  is,  therefore,  the  end  of  the  controversy. 
When,  then,  the  Assembly  has  decided,  is  that  a 
prohibition  of  further  discussion?  By  no  means. 
But  the  Assembly's  decision  in  a  controversy  re- 
specting doctrine  is  thenceforth  the  doctrine  of  the 
Church;  and  further  opposition  to  this  doctrine  is 
opposition  to  the  doctrine  of  the  Church,  and  is 
permissible  only  within  the  limitations  within  which 
opposition  to  the  doctrine  of  the  Church  is  per- 
missible. And  the  decision  of  the  Assembly  in  a 
controversy  respecting  discipline  fixes  the  status 
of  the  parties  affected,  and  they  are  to  be  treated 
accordingly  in  their  ecclesiastical  relations  by  all 
who  prefer  to  remain  in  this  Church  and  free  from 
its  censure. 

4.  to  give  its  advice  and  instruction,  in  conformity  with  the 
constitution,  in  all  cases  submitted  to  it; 

Such  judgments  given  by  the  Assembly  are  not 
decisions  in  the  sense  of  the  preceding  paragraph, 
because  there  is  here  no  controversy;  nor  could 
any  one  be  charged  with  contravening  the  doctrine 
of  the  Church,  or  disobeying  its  authority,  on  the 
ground  of  teaching  or  acting  contrary  to  such  judg- 
ments. At  the  same  time,  these  judgments  should 
be  treated  with  respect,  even  by  those  who  are 
constrained  to  controvert  them;  and  the  utmost 
care  should  be  taken  in  rendering  such  judgments, 
that  they  may  be  such  as  will  command  respect  for 
8 


114  Chap.  Y,  Sec.  VI.,  Par.  5.  90 

the  consideration  and  intelligence  and  earnest  love 
of  truth  manifest  in  them. 

5.  to  review  the  records  of  the  Synods; 
(Cf.  77:  5,  and  84:  2.) 

6.  to  take  care  that  the  inferior  courts  observe  the  Constitu- 
tion ; 

(Cf.  77 :  5,  and  84 :  3.) 

7.  to  redress  whatever  they  may  have  done  contrary  to  order : 

(Cf.  77:  5,  and  84:  2) 

8.  to  concert  measures  for  promoting  the  prosperity  and  en- 
largement of  the  Church ; 

without  as  well  as  within  its  existing  borders.  (Cf. 
77:  14,  15,  and  84:  7.) 

9.  to  erect  new  Synods ; 

which  includes  the  power  of  uniting  and  dividing 
Synods,  with  or  without  their  consent.  (Cf.  77: 
12,  13,  and  84:  4.) 

10.  to  institute  and  superintend  the  agencies  necessary  in 
the  general  work  of  evangelization , 

(Cf.  90:  8.)  The  Assembly  is  to  superintend  as 
well  as  to  institute  these  agencies. 

11.  to  appoint  Ministers  to  such  labors  as  fall   under  its 
Jurisdiction ; 

(Cf.  84 :  5.) 

12.  To  suppress  schism atical  contentions  and  disputations, 
according  to  the  rules  provided  therefor; 

What  contentions  and  disputations  are  schismatical 
the  Assembly  must  judge.  In  the  exercise  of  this 
power  and  that  named  in  90:  6,  7,  it  is  not 
necessary  for  the  Assembly  to  wait  till  one  of  the 
parties  to  a  controversy  brings  it  before  the  As- 
sembly;  but  the  Assembly  must  not,  in  the  exer- 
cise  of    this    power,    proceed   without    rule,   nor 


90  Chap.  V.,  Sec.  YI.,  Par.  5.  115 

according  to  any  rules  but  those  provided  for  this 
very  purpose  in  the  Book  of  Church  Order.  Other- 
wise, the  Assembly  violates  law  in  order  to  uphold 
law. 

13.  to  receive  mider  its  jurisdiction,  with  tiie  consent  of  a 
majority  of  tlie  Presbyteries,  otlier  ecclesiastical  bodies  whose 
organization  is  conformed  to  the  doctrine  and  o/der  of  this 
Church ; 

14.  to  authorize  Synods  and  Presbyteries  to  exercise  similar 
power  in  receiving  bodies  suited  to  become  constituents  of  those 
courts,  and  lying  within  their  geographical  bounds  respect- 
ively ; 

In  these  two  clauses  a  peculiar  power  of  the  As- 
sembly is  presented.  It  is  the  power  to  receive 
under  its  jurisdiction  bodies  which,  being  received, 
become  incorporated  in  this  Church  as  it  is,  with 
no  change  in  its  Constitution;  and  even  this  the 
Assembly  cannot  do  without  the  consent  of  a  ma- 
jority of  its  Presbyteries.  But,  to  unite  this  Church 
and  another  into  a  Church  having  a  Constitution 
differing,  however  slightly,  from  the  existing  Con- 
stitution of  this  Church,  is  beyond  the  power  of 
the  Assembly,  even  with  the  consent  of  a  majority 
of  its  Presbyteries.  If  this  Church  is  to  be  united 
with  another  into  a  Church  having  a  Constitution 
differing  from  the  existing  Constitution  of  this 
Church,  the  new  Constitution  must  first  be  adopted 
by  this  Church  according  to  the  provisions  laid 
down  in  Chapter  YII.  Where  there  is  to  be  union 
without  change  of  Constitution,  and  the  body  to  be 
thus  incorporated  into  this  Church  lies  geographi- 
cally so  that  it  would  be  merged  into  some  existing 
Synod  or  Presbytery,  that  Presbytery  or  Synod 
receives   the   body,   but  not   without   being   first 


116  Chap.  Y.,  Sec.  VI.,  Paes.  5,  6.  91 

authorized  by  the  Assembly ;  but  in  such  a  case, 
where  only  a  Presbytery  or  Synod  is  directly 
affected,  it  is  not  necessary  to  obtain  the  consent 
of  a  majority  of  all  the  Presbyteries.  But  there 
can  be  no  absorption  of  larger  or  smaller  bodies, 
unless  they  are  conformed  to  the  doctrine  and 
order  of  this  Church ;  for  otherwise  the  doctrine 
and  order  of  this  Church  would  be  acknowledged 
as  not  justifying  a  denominational  existence  to 
maintain  them. 

15.  to  superintend  the  affairs  of  the  whole  Church ; 

For  this  superintendence  is  not  to  be  left  unpro- 
vided for  and  liable  to  be  assumed  by  irresponsible 
parties. 

16.  to  correspond  with  other  Churches ; 

With  what  Churches  is  left  to  the  discretion  of  the 
Assembly,  except  that  paragraph  80  implies  that 
there  will  be  no  correspondence  except  with  Evan- 
gelical Churches. 

17.  and  in  general  to  recommend  measures  for  the  promo- 
tion of  charity,  truth  and  holiness  through  all  the  churches 
under  its  care. 

Things  which  the  Assembly  may  not  enjoin,  either 
because  it  lacks  the  authority  or  because  it  deems 
it  inadvisable  to  go  so  far  as  to  enjoin,  it  may 
recommend. 

91 . — VI.  The  whole  business  of  the  Assembly  being  finished, 
and  the  vote  taken  for  dissolving  the  present  Assembly,  the 
Moderator  shall  say  from  the  chair:  "By  virtue  of  the  au- 
thority delegated  to  me  by  the  Church,  let  this  General  As- 
sembly be  dissolved,  and  I  do  hereby  dissolve  it,  and  require 
another  General  Assembly,  chosen  in  the  same  manner,  to 
meet  at  on  the  day  of  A.  D.,"  after  which 

he  shall  pray  and  return  thanks,  and  pronounce  on  those 
present  the  apostolic  benediction. 


92  Chap.  V.,  Sec.  YII.,  Par.  1.  117 

For  convening  special  meetings  of  the  Assembly 
or  of  a  Synod  see  paragraph  55.  The  same  As- 
sembly, once  dissolved,  cannot  be  reconvened. 

Section  VII. — Of  Ecclesiastical  Commissions. 

The  first  paragraph,  defines  a  commission;  the 
second,  specifies  certain  things  that  may  properly 
be  done  by  commission ;  the  third,  indicates  within 
what  limitations  judicial  cases  may  be  tried  by 
commission ;  and  the  fourth  directs  how  the  gen- 
eral work  of  evangelization  shall  be  carried  on  by 
commission. 

92. — I.  Commissions  differ  from  ordinary  committees  in 
this,  that  while  the  committee  is  appointed  simply  to  examine, 
consider,  and  report,  the  commission  is  authorized  to  deliberate 
upon  and  conclude  the  business  submitted  to  it,  subject,  how- 
ever, to  the  review  of  the  court  appointing  it.  To  this  end, 
full  records  of  its  proceedings  shall  be  submitted  to  the  court 
appointing  it,  which,  if  approved,  may  be  entered  on  the  min- 
utes of  that  court. 

A  commission  is  a  committee,  but  a  committee 
appointed  to  conclude  the  business,  while  an  ordi- 
nary committee  is  appointed  to  report  upon  the 
business,  that  the  appointing  court  may  conclude 
it.  The  commission  concludes  the  business  in  the 
sense  in  which  an  inferior  court  concludes  a  busi- 
ness, subject  to  the  review  of  the  court  above.  The 
conditions  of  that  review  are  somewhat  different. 
In  the  case  of  an  inferior  court,  several  ways  of 
review  are  provided ;  but  the  conclusion  of  a  com- 
mission is  always  reviewed  in  hearing  or  inspecting 
its  records,  and  in  no  other  way.  Its  conclusion 
stands  as  that  of  the  court  appointing  it,  unless 
modified  or  reversed  by  that  court  at  its  review  of 
the  records  of  the  commission;  but  this  conclusion. 


118  Chap.  Y.,  Sec.  YII.,  Par.  2.  93 

as  any  other  decision,  may  be  carried  up  to  a  higher 
court,  except  where  the  General  Assembly  confirms 
or  sets  aside  the  conclusion  of  a  commission  of 
itself.  While  it  helps  to  prevent  confusion,  to 
reserve  the  term  comniittee  for  only  such  com- 
mittees as  are  not  appointed  to  conclude  a  business, 
and  commission  for  only  such  committees  as  are 
appointed  to  conclude  a  business,  yet,  if  a  court 
neglects  this  distinction  in  terms,  a  committee  ap- 
pointed by  it  is  really  a  commission  or  not,  accord- 
ing as  it  is  or  is  not  appointed  to  conclude  a  busi- 
ness. 

93. — II.  The  taking  of  testimony  in  judicial  cases, 

by  Session  or  Presbytery, 

the  ordination  of  Ministers,  the  installation  of  Ministers,  the 
visitation  of  portions  of  the  Church  affected  with  disorder,  and 
the  organization  of  new  churches, 

by  Presbytery, 

may  be  executed  by  commission. 

As  it  might  be  supposed  from  regulations  elsewhere 
given  that  these  things  could  be  done  only  by  the 
court  itself,  it  is  here  distinctly  stated  that  these 
things  may  be  done  by  commission.  For  whatso- 
ever the  court  may  do,  that  it  may  commit  to  a 
commission  to  be  done,  with  such  exceptions  and 
limitations  as  are  here  or  elsewhere  stated  or 
implied. 

The  commission  for  the  ordination  of  a  Minister  shall 
always  consist  of  a  quorum  of  the  Court,  but  the  Presbytery 
itself  shall  conduct  the  previous  examinations. 

A  Presbytery  may  not  commit  the  examination  of 
a  licentiate  for  ordination  to  a  commission ;  but  the 


94  Chap.  V.,  Sec.  VII.,  Par.  3.  119 

ordination  itself  it  may  commit  to  a  commission, 
provided  the  commission  consists  of  as  many  as 
three  Ministers  and  one  Euling  Elder.  A  com- 
mission for  any  other  purpose  may  consist  of  such 
number,  from  one  up,  as  the  court  may  determine. 
That  a  commission  may  consist  of  one  only  is 
evident  from  this,  that  an  Evangelist  authorized  to 
organize  new  churches  and  to  ordain  Kuling  Elders 
and  Deacons  therein,  is  essentially  a  commission. 
The  quorum  of  a  commission,  except  as  defined  in 
paragraph  94,  or  by  express  order  of  the  appoint- 
ing court,  is  a  majority  of  those  appointed  as  the 
commission.  Hence,  if  Presbytery  appoints  three 
Ministers  and  one  Euling  Elder  to  ordain  a  Minis- 
ter, any  three  of  the  four  will  be  a  quorum  of  the 
commission;  but  the  Presbytery  may  otherwise 
define  what  shall  be  a  quorum. 

94.— III.  The  Synod  and  the  General  Assembly  may,  with 
the  consent  of  parties,  commit  any  case  of  trial  coming  before 
them  on  appeal  to  the  Judgment  of  a  commission,  composed  of 
others  than  members  of  the  court  from  which  the  appeal  shall 
come  up.  The  commission  of  a  Synod  shall  consist  of  not  less 
than  fifteen,  of  wdiom  seven  shall  be  Ruling  Elders;  the  com- 
mission of  the  Assembly  of  not  less  than  twenty-seven,  of 
whom  thirteen  shall  be  Ruling  Elders.  In  each  case  two-thirds 
of  the  commissioners  shall  be  a  quorum  to  attend  to  business. 
The  commission  shall  try  the  cause  in  the  manner  prescribed 
by  the  Rules  of  Discipline;  and  in  rendering  Judgment  shall 
make  a  full  statement  of  the  case,  which  shall  be  submitted  to 
the  court  for  its  action  as  its  Judgment  in  the  cause. 

May  these  courts  do  anything  else  by  commis- 
sion? Yes.  Eor  the  next  paragraph  names,  ex- 
pressly, much  that  the  Assembly  may  do  by  com- 
mission. But  where  parties  bring  a  cause  to  a 
court  for  trial,  even  if  it  be  an  appeal,  the  court, 
even  the  General  Assembly,  may  not  try  it  by  com- 


120  Chap.  V.,  Sec.  YII.,  Par.  4.  95 

mission  without  consent  of  parties.  The  principle 
is  here  recognized,  that  the  parties  have  a  right  to 
trial  by  a  full  court.  May  a  complaint  be  tried  by 
commission  ?  Yes,  with  consent  of  parties ;  for  if 
an  appeal,  much  more  a  complaint.  May  a  Pres- 
bytery or  a  Session  try  a  cause  by  commission? 
Yes,  with  consent  of  the  parties ;  and  it  may  take 
testimony  without  such  consent  (93).  But,  lest 
trial  in  the  appellate  courts  by  commission  should 
become  a  reference  to  individuals  rather  than  a 
trial  by  a  court  in  reality,  it  is  prescribed  that  the 
commission  shall  be  so  large,  and  contain  so  many 
Kuling  Elders,  that  the  resort  to  a  commission  in 
judicial  cases  will  be  impracticable  unless  the  court 
is  very  large,  and  then  the  commission  will  be  large 
enough  to  have  the  essential  qualifications  of  a 
court  for  counsel  together.  And  while  in  other 
cases  the  action  of  the  commission  is  in  force  until 
annulled  by  the  appointing  couit,  in  judicial  cases 
the  action  of  the  commission  is  not  in  force  until 
endorsed  by  the  court  as  its  own  action.  Is  the 
court  bound  to  make  the  action  of  the  commission 
its  own?  By  no  means.  It  may  annul  it,  reverse 
it,  modify  it,  and  even  order  it  tried  over  by  a 
commission  or  before  itself.  For  nothing  is  final 
in  a  judicial  case  but  the  decision  of  the  court 
itself. 

95. — IV.  The  General  Assembly  shall  have  power  to  com- 
mit the  various  interests  pertaining  to  the  general  work  of 
evangelization  to  one  or  more  commissions. 

(Cf.  90:10.) 

This  whole  doctrine  of  commissions  is  to  be  put 
in  practice  with  caution.  On  the  other  hand,  there 
is  danger  that  Presbyteries  and  the  higher  courts 


95  Chap.  VI.,  Sec.  I.  121 

will  call  commissions  executive  committees,  or  sim- 
ply committees,  and  forget  that  they  are  commis- 
sions, and  many  evils  result.  On  the  other  hand, 
courts  may  often  be  tempted  to  do  by  commission, 
as  more  convenient  or  agreeable,  what  it  were  better 
for  the  court  itself  to  do.  But  if  the  distinction 
between  commissions  and  other  sorts  of  committees 
is  preserved,  and  commissions  are  used  for  those 
executive  functions  and  special  investigations  which 
can  be  better  done  by  a  small  number  of  specially 
fitted  commissioners  than  by  a  large  court,  this 
section  mav  be  practiced  with  great  gain  to  the 
Church. 


CHAPTER  VI. 

Of  Chukch  Oedees. 

This  chapter,  which  has  to  do  with  the  induc- 
tion of  men  into  office,  after  two  preliminary  sec- 
tions on  the  doctrines  of  vocation  and  ordination, 
has  a  section  on  the  election  of  officers,  followed 
by  two  sections  on  their  ordination  and  installation, 
one  as  to  Ruling  Elders  and  Deacons,  and  one  as 
Ministers.  And  there  is  added  a  section  concern- 
ing the  preliminary  step  toward  ordination,  called 
licensure. 

Section  I. — Of  the  Doctrine  of  Vocation. 

This  first  preliminary  section,  which  has  to  do 
with  the  theory  of  how  men  are  called  to  office 
in  the  Church,  has  three  paragraphs,  one  of  them 
having  to  do  particularly  with  one,  and  one  with 
another,  of  the  three  elements  in  a  call. 


122  Chap.  VI.,  Sec.  I.,  Pars.  1,  2.        96,  97 

96. — I.  Ordinary  vocation  to  office  in  the  Cliurch  is  the  call- 
ing of  God  by  the  Spirit,  through  the  inward  testimony  of  a 
good  conscience,  the  manifest  approbation  of  God's  people, 
and  the  concurring  Judgment  of  the  lawful  court  of  Christ's 
house  according  to  his  Word, 

"  Ordinary  vocation,"  means  vocation  to  the  ordi- 
nary offices.  (Par.  33.)  A  true  call  is  wholly  by 
the  Spirit,  making  a  concurrent  indication  of  God's 
will  through  three  means :  by  producing  the  same 
conviction  in  the  mind  of  the  called,  in  the  mind  of 
the  people  of  God  that  have  experience  of  the 
called  man's  service  or  knowledge  of  him,  and  in 
the  mind  of  the  appropriate  court.  The  essence  of 
the  call  lies  in  the  Holy  Spirit  working  an  inward 
conviction  in  the  man  himself;  but  subsidiary  and 
confirmatory  means  are  not  to  be  despised  as  helps 
to  the  man  himself,  and  are  indispensable  for  the 
sake  of  order  in  the  Church. 

97.— II.  Since  the  government  of  the  Church  is  representa- 
tive, the  right  of  the  election  of  their  officers  by  God's  people, 
either  immediately  by  their  own  suffrages,  or  mediately 
through  church  courts  composed  of  their  chosen  representa- 
tives, is  indefeasible.  Nor  can  any  man  be  placed  over  a 
church,  in  any  office,  without  the  election;  or  at  least  the  con- 
sent of  that  church. 

The  sole  authority  is  Christ,  and  from  this  point  of 
view  the  Church  is  a  monarchy.  But  he  adminis- 
ters the  government  solely  by  his  Spirit  working 
in  all  his  people,  and  from  this  point  of  view  the 
government  is  representative;  for  if  the  Ploly 
Spirit  calls  any  man  to  an  office,  he  also  calls  the 
people  to  elect  him  thereto.  It  is  observable,  how- 
ever, that  this  right  of  election  has  necessary  limi- 
tions.  If  the  members  of  a  church  differ,  some 
choosing  and  some  opposing  the  same  man  for  an 
office  over  them,  it  must  either  be  that  no  man  is  to 


98  Chap.  VI.,  Sec.  I.,  Par.  3 ;  Sec.  II.         123 

be  23ut  in  office  without  the  unanimous  voice  of 

the  people,  or  that  over  some,  a  man  may  be  put 

in  office  without  their  consent.     Here  emerges  the 

practical  principle  of  submission  to  the  brethren. 

But  the  particular  church  is  made  the  sacred  unit, 

whose  voice,  as  such,  must  not  be  disregarded.    (Cf. 

77:  12.) 

98. — III.  Upon  those  whom  God  calls  to  bear  office  in  his 
Church  he  bestows  suitable  gifts  for  the  discharge  of  their 
various  duties.  Wherefore  every  candidate  for  office  is  to  be 
approved  by  the  court  by  which  he  is  to  be  ordained.  And  it  is 
indispensable  that,  besides  possessing  the  necessary  gifts  and 
abilities,  natural  and  acquired,  every  one  admitted  to  an  office 
should  be  sound  in  the  faith,  and  that  his  life  and  conversation 
be  according  to  godliness. 

It  is  a  serious  omission,  when  a  court  inducts  into 
office,  as  a  matter  of  course,  those  elected  by  the 
people.  Before  ordination  the  court  is  bound  to 
inquire  into  three  things  concerning;  the  man 
elected:  his  possession  of  the  necessary  gifts;  his 
soundness  in  the  faith ;  and  his  life  and  behavior. 
The  court  may  make  this  inquiry  before  election, 
but  it  must  make  it  at  some  time  before  ordination 
or  installation. 

Section  II. — OftJie  Doctrine  of  Ordination. 

The  distinction  between  ordination  and  vocation 
is  this,  that  the  vocation  is  the  concurrent  testi- 
mony of  the  Spirit  of  God  through  the  man's  own 
inner  conviction,  through  the  election  by  the  peo- 
ple, and  through  the  approval  by  the  court,  that 
the  man  should  be  inducted  into  office ;  and  ordi- 
nation is  the  formal  induction.  The  section  has 
three  paragraphs,  answering  the  questions,  who 
are  to  ordain,  what  is  ordination,  and  to  what  ordi- 
nation is. 


124       Chap.  VI.,  Sec.  II.,  Pars.  1, 2, 3.  99, 100, 101 

99. — I.  Those  who  have  been  lawfully  called  are  to  be  in- 
ducted into  their  respective  offices  by  the  ordination  of  a 
court. 

For  even  when  the  ordination  is  by  a  commission, 
even  by  one  man  called  an  Evangelist,  or  by  one 
man  called  a  Commissioner,  he  acts  as  the  agent  of 
the  court,  and  the  ordination  is  done  by  the  court 
through  its  appointed  agency.  (Cf.  remarks  un- 
der 6  and  93.) 

100. — II.  Ordination  is  the  authoritative  admission  of  one 
duly  called  to  an  office  in  the  Church  of  God,  accompanied 
with  prayer  and  the  imposition  of  hands,  to  which  it  is  proper 
to  add  the  giving  of  the  right  hand  of  fellowship. 

A  defect  in  the  ceremony,  as  such,  would  not 
render  the  ordination  invalid,  provided  there  is  an 
authoritative  admission  of  one  duly  called. 

101. — III.  As  every  ecclesiastical  office,  according  to  the 
Scriptures,  is  a  special  charge,  no  man  shall  be  ordained  un- 
less it  be  to  the  performance  of  a  definite  work. 

If  a  man  is  ordained  as  Deacon,  it  must  be  to 
serve  in  some  definite  work  of  distribution ;  if  as  a 
Ruling  Elder,  to  some  definite  work  of  ruling ;  and 
if  as  a  Minister,  it  must  be  to  some  definite  minis- 
terial work.  If  that  particular  work  ceases,  or  he 
ceases  to  be  engaged  in  it,  the  exercise  of  his  office 
is  suspended  until  he  is  called  to  some  other  defin- 
ite work;  but  as  assisting  to  rule  in  the  Church 
courts  is  always  a  part  of  the  definite  work  to  which 
a  Minister  or  a  Euling  Elder  is  ordained,  this  func- 
tion of  his  office  never  suffers  suspense,  so  long  as 
he  is  a  member  of  a  court.  If  an  ofiicer  is  called 
to  another  definite  work  than  that  to  which  he  w^as 
originally  ordained,  he  must  be  ordained  to  this 
new  work  also;  but  this  secondary  ordination  is, 


101  Chap.  VI.,  Sec.  III.  125 

for  distinction's  sake,  called  installation.  For  the 
same  reason,  the  term  "installation"  is  used  of  that 
part  of  original  ordination  which  relates  especially 
to  the  definite  work. 

(Section  111.— Of  the  Election  of  CliuTch  Office7's.\ 

This  section  treats  of  that  part  of  vocation  which 
is  effected  through  the  people ;  and  it  treats,  in  the 
election  of  Ministers,  only  of  their  election  to  one 
sort  of  definite  work,  the  pastoral  office.  There  is 
neither  here  nor  elsewhere  any  provision  regulat- 
ing the  participation  of  the  people  in  calling  a 
Minister  to  the  work  of  Evangelist,  or  Teacher,  or 
Editor,  or  other  like  work.     (Cf.  pars.  37  and  38.) 

The  first  four  paragraphs  give  regulations  for  the 
election  of  Pastor,  Ruling  Elder,  or  Deacon;  the 
other  five  paragraphs  give  special  directions  con- 
cerning the  election  of  a  Pastor  and  the  certifica- 
tion of  his  election  to  Presbytery.  No  regulations 
on  this  point  are  thought  to  be  necessary  in  the 
case  of  a  Ruling  Elder  or  a  Deacon,  as  the  ordain- 
ing court,  the  Session,  is  supposed  to  be  present. 
In  the  general  regulations,  the  first  concerns  the 
meeting  of  the  church ;  the  second,  the  Moderator 
of  the  meetino: ;  the  third,  the  order  of  procedure ; 
and  the  fourth,  the  electors.  In  the  special  regu- 
lations as  to  a  Pastor,  the  first  prescribes  the  es- 
sential duty  of  the  Moderator;  the  second,  the 
form  of  the  call  or  communication  from  the  church 
to  the  Pastor-elect ;  the  third,  who  shall  sign  this 
call,  and  hov/  their  signatures  are  to  be  certified; 
the  fourth,  how  the  call  is  to  be  presented  to  Pres- 
bytery; and  the  fifth,  the  mode  of  procedure  when 
the  Minister  called  belongs  to  a  different  Presby- 
tery from  the  church. 


126  Chap.  YI.,  Sec  III.,  Pars.  1, 2.      102, 103 

102.— I,  Every  eliurch  shall  elect  persons  to  the  offices  of 
Pastor,  Ruling  Elder,  and  Deacon  in  the  following  manner, 
viz. :  Public  notice  shall  previously  be  given  by  the  Session 
that  the  church  is  to  convene  at  the  usual  place  of  public  wor- 
ship for  such  purpose;  and  it  shall  always  be  the  duty  of  the 
Session  to  convene  them  when  requested  by  a  majority  of  the 
persons  entitled  to  vote. 

The  meeting  must  be  at  the  usual  place  of  pub- 
lic worship,  and  after  public  notice,  that  those  en- 
titled to  vote  may  be  able  to  attend ;  and  while  the 
meeting  must  be  called  by  the  Session,  the  Session 
is  bound  to  call  such  meeting  when  a  majority  re- 
quests it,  that  the  right  of  the  people  to  elect  may 
not  be  infringed. 

103. — II.  It  is  important  that  in  all  these  elections  a  Minis- 
ter should  preside:  but  if  the  Session  find  it  impracticable, 
without  hurtful  delay,  to  procure  the  attendance  of  a  Minister, 
the  election  may  nevertheless  be  held. 

The  meeting  is  under  the  direction  of  the  Ses- 
sion ;  and  it  belongs  to  the  Session,  and  not  to  the 
congregation,  to  provide  a  Moderator.  If  that 
Moderator  is  not  a  Minister,  his  rulings  are  subject 
to  the  review  of  the  Session ;  it  a  Minister,  to  the 
review  of  the  Presbytery ;  but  in  no  case  to  the  re- 
view of  the  congregation ;  for  that  would  be  for  the 
congregation,  as  such,  to  take  part  in  government 
beyond  electing,  contrary  to  paragraph  15.  It  is, 
therefore,  desirable  that  a  Minister  preside,  so  that 
his  rulings  may,  if  questioned,  be  reviewed  by  a 
body  probably  more  competent,  and  less  related  in 
an  embarrassing  way  to  the  questions  involved. 
The  relation  of  the  Session  to  the  Moderator  of  a 
congregational  meeting  being  the  same  as  its  rela- 
tion to  the  Moderator  of  the  Session,  whoever  is 
Moderator  of  the  Session  is,  ex  officio.  Moderator 


104  Chap.  YI.,  Sec.  III.,  Par.  3.  127 

of  the  congregation,  with  the  limitations  specified 
in  paragraphs  64  and  65.     (Cf.  par.  104.) 

104.— III.  The  voters  being  convened,  the  Moderator  shall 
put  the  question  to  them  whether  they  are  ready  to  proceed  to 
the  election.  If  they  declare  themselves  ready,  the  Moderator 
shall  call  for  nominations,  after  which  the  election  shall  im- 
mediately proceed,  unless  the  electors  prefer  to  postpone  it  to 
a  subsequent  day ;  or  the  election  may  proceed  by  ballot  with- 
out nominations.  But  in  every  case  a  majority  of  all  the 
voters  present  shall  be  required  to  elect. 

We  have  said  that  the  meeting  is  under  the  direc- 
tion of  the  Session ;  and  who  but  the  Session  can 
determine  who  of  those  present  are  voters?  The 
Moderator  of  the  congregation  is,  at  the  same 
time,  the  Moderator  of  the  Session  in  session  at 
the  same  time,  and  he  must  ascertain  who  are 
voters,  through  the  Session. 

The  first  question  to  be  ascertained  is  whether 
the  voters  are  convened.  Supposing  a  church  has 
one  hundred  voters,  would  two  of  them  be  the 
voters  ?  Surely  not ;  and  yet  it  is  impracticable  to 
have  all  the  voters  convened.  What,  then,  is  a 
quorum  of  a  church  ?  In  the  absence  of  any  regu- 
lation, it  must  be  decided  by  general  principles 
that  it  requires  a  majority  to  make  a  quorum. 
But  alwa^'s,  when  the  question  of  a  quorum  is  not 
raised,  either  at  the  time  or  within  a  reasonable 
time  afterwards  (cf.  par.  258),  less  than  a  majority 
may  act. 

The  second  question  must  be  decided  by  the 
voters  themselves :  whether  they  are  ready  to  pro- 
ceed. 

The  third  question  must  also  be  decided  by 
them:  whether  they  vs^ill  elect  with  or  without 
nominations. 


128  Chap.  YI.,  Sec.  III.,  Pars.  3,  4.  105 

If  it  is  decided  to  have  nominations,  the  fourth 
thing  is  to  hear  nominations;  the  fifth,  to  deter- 
mine by  the  electors  whether  to  vote  at  once  or  to 
postpone  the  voting.  If  the  decision  is  to  vote  at 
once,  the  sixth  thing  is  to  determine,  by  the  voters, 
whether  to  vote  by  ballot  or  in  some  other  way; 
but  this  question  must  itself  be  determined  by 
ballot,  if  any  insist  upon  a  ballot  upon  this  ques- 
tion, for  otherwise  the  very  reason  of  a  ballot  at 
all,  secrecy  in  voting,  would  be  taken  away. 

If  no  one  receives  a  majority  of  the  votes  for  a 
given  office,  no  one  is  elected.  Whether  a  second 
vote  may  be  taken,  with  or  without  dropping  one  or 
more  of  the  nominees  or  persons  already  voted  for, 
is  not  prescribed;  but  it  would  seem,  from  the 
principle  that  a  church  does  not  so  much  need 
officers,  as  qualified  and  acceptable  officers,  that 
there  should  be  no  second  vote ;  but  of  this  the 
congregation  must  judge;  and  sometimes  the  fail- 
ure of  any  one  to  receive  a  majority  may  be  due  to 
what  seems  to  the  congregation  a  superabundance 
of  suitable  material. 

The  principle,  that  a  majority  shall  rule,  is  a 
practical  necessity  rather  than  an  inherent  right; 
and  for  this  reason  there  should  be  a  great  desire 
to  have  the  same  mind.  The  failure  to  be  unani- 
mous is  a  failure  that  should  be  always  lamented. 
And  it  would  certainly  be  in  order  for  a  majority 
to  recede  from  its  own  choice,  just  as  it  is  in  order 
for  a  minority  to  give  up  its  opposition ;  but  either 
must  judge  for  itself  what  is  the  will  of  Christ  in  a 
given  case. 

105.— IV.  All  communicating  members  in  good  and  regu- 
lar standing,  but  no  others,  are  entitled  to  vote  in  the  election 


105  Chap.  VL,  Sec.  III.,  Par.  4.  129 

of  church  officers  in  the  churches  to  wliich  they  are  respectively 
attached ;  and  when  a  majority  of  the  electors  cast  their  votes 
for  a  person  for  either  of  these  offices,  he  shall  be  considered 
elected. 

Here  a  majority  of  electors  must  mean  a  majority 
of  those  present ;  for  no  one  can  vote  who  is  not 
present,  and  no  one  is  present  unless  present  in 
his  own  person  and  by  his  own  consent  counted  as 
present.     (Cf.  105.) 

Here  appears  the  necessity  for  the  Session  to  be 
in  session  and  to  conduct  the  election  as  a  part  of 
the  business  of  the  Session.  Then,  also,  the  pro- 
ceedings of  the  congregational  meeting,  as  what  is 
done  under  the  supervision  of  the  Session,  will  be 
recorded  in  the  records  of  the  Session,  and  the 
Clerk  of  the  Session  will  be  the  clerk  of  the  con- 
gregational meeting.     (Cf.  105.) 

Those  not  members  of  the  Church  are  excluded 
from  voting  for  its  officers,  as  a  matter  of  course ; 
for  nothing  can  entitle  him  who  will  not  acknow- 
ledge Christ  to  the  right  of  participating  in  the 
government  of  his  Church.  Those  not  members  of 
the  particular  church  are  excluded,  for  otherwise 
the  individuality  of  the  particular  church  would 
perish.  Those  not  communicants  are  excluded,  for 
the  reason  that  only  those  who  are  themselves  en- 
deavoring to  obey  Christ  can  be  qualified  to  act  as 
his  agents  in  pointing  out  what  men  he  would  put 
over  his  people.  For  the  same  reason,  none  under 
censure  can  be  allowed  to  vote.  A  member  of  the 
Session  (except  a  Minister)  has  the  same  right  as 
any  other  member  of  the  Church  to  make  a  nomi- 
nation or  motion,  and  to  vote. 

Has  the  Session  authority  to  make  nominations? 


130  Chap.  YI.,  Sec.  III.,  Par.  5.  106 

Yes,  unless  the  church  decides  to  elect  without 
nominations ;  but  for  the  Session  to  announce  nomi- 
nations before  the  congregation  has  decided  this 
point  is  to  take  away  from  the  congregation  the 
decision  of  this  point.  But  it  must  be  remembered 
that  the  Session  has  the  right  to  refuse  installation 
to  those  chosen  by  the  congregation ;  and  this  right 
should  always  be  exercised  when  there  is  need 
thereby  to  preserve  the  church  from  having  officers 
not  qualified. 

106.— V.  On  the  election  of  a  Pastor,  if  it  appear  that  a 
large  minority  of  the  voters  are  averse  to  the  candidate  who 
has  a  majority  of  votes,  and  cannot  be  induced  to  concur  in  the 
call,  the  Moderator  shall  endeavor  to  dissu8.de  the  majority 
from  prosecuting  it  further;  but  if  the  electors  be  nearly  or 
quite  unanimous,  or  if  the  majority  shall  insist  upon  their 
right  to  call  a  Pastor,  the  Moderator  shall  in  that  case  proceed 
to  draw  a  call  in  due  form,  and  to  have  it  subscribed  by  them, 
certifying  at  the  same  time  in  writing  the  number  and  circum- 
stances of  those  who  do  not  concur  in  the  call,  all  of  which 
proceedings  shall  be  laid  before  the  Presbytery  together  with 
the  call. 

The  principles  of  this  paragraph  should  obtain 
also  in  the  case  of  the  election  of  Ruling  Elders 
and  Deacons. 

The  direction  to  the  Moderator  that  he  endeavor 
to  dissuade  the  majority  when  it  appears  that  the 
minority  will  not  concur  must  not  be  interpreted 
too  strictly ;  for  it  might  be  that  he  could  not  con- 
scientiously make  this  endeavor.  But  he  should  at 
least  press  upon  them  the  importance  of  unanimity, 
and  a  sense  of  the  responsibility  that  they  assume. 
Sometimes,  however,  there  is  a  wilful  and  obstinate 
minority  who  oppose,  as  Pastor,  the  very  servant  of 
his  that  Christ  presents  to  them,  and  who  ought 
not  to  be  yielded  to. 


107  Chap.  VI.,  Sec.  III.,  Par.  6.  131 

The  full  and  exact  facts  should  be  certified  to 
the  Presbytery  by  the  Moderator,  that  the  Presby- 
tery raay  have  all  the  data  for  judging.  What  is 
meant  by  the  circumstances  of  those  who  do  not 
concur  in  the  call  is  not  clear.  Surely  it  cannot 
mean  financial  circumstances  especially.  Probably 
it  means  the  circumstances  connected  with  their 
non-concurrence,  including  the  grounds  and  in- 
tensity of  their  opposition.  The  financial  ability 
of  the  church  to  meet  its  proposed  obligations  the 
Presbytery  would  need  to  know;  but  this  it  can 
learn  from  the  commissioners.  That  circumstances 
cannot  mean  financial  ability,  or  other  thing  of  the 
sort,  is  certain,  from  the  fact  that  the  Moderator 
would  not  as  a  rule  know  such  facts  so  well  as  the 
commissioners;  besides,  it  were  contrary  to  the 
whole  spirit  of  the  Form  of  Government  to  give 
weight  to  any  member's  vote  because  of  his  wealth. 

107. — VI.    The  call  shall  be  in  the  following,  or  like  form, 

viz. :    The  church  of ,  being  on  sufficient  grounds 

well  satisfied  of  the  ministerial  qualifications  of  you  .  .  .  .  , 
and  having  good  hopes  from  our  past  experience  (or  know- 
ledge) of  your  labors,  that  your  ministrations  in  the  gospel  will 
be  profitable  to  our  spiritual  interests,  do  earnestly  call  you  to 
undertake  the  pastoral  office  in  said  congregation,  promising 
you,  in  the  discharge  of  your  duty,  all  proper  support,  encour- 
agement, and  obedience  in  the  Lord.  And  that  you  may  be 
free  from  worldly  cares  and  avocations,  we  hereby  promise 
and  oblige  ourselves  to  pay  you  the  sum  of  ....  in  regular 
monthly  (or  quarterly,  or  half-yearly,  or  yearly)  payments, 
during  the  time  of  your  being  and  continuing  the  regular  Pastor 
of  this  church. 

In  testimony  whereof  we  have  respectively  subscribed  our 
names  this   ....   day  of   ....    A.  D. 

Attested  hy  A.  B.,  Moderator  of  the  Meeting. 

The  Moderator,  who  draws  up  the  call  (106), 
should  not  vary  from  this  form,  unless  the  congre- 


182  Chap. VI.,  Sec.  III.,  Pars.  7,  8, 9.  1 10 

gation  by  its  action  adopts  the  variation;  and  it 
belongs  to  the  congregation  to  adopt  the  amount 
or  statement  of  salary,  and  what  payments  are  to 
be  made.  This  form,  and  all  the  provisions  of  the 
Book,  contemplate  only  one  church  to  a  Pastor; 
but  where  the  church  does  not  ask  for  all  the  time 
of  the  Pastor,  it  is  proper  that  the  form  of  call 
should  indicate  what  time  it  does  ask  for;  and  this, 
too,  it  belongs  to  the  church  to  determine. 

108. — VII.  But  if  any  church  shall  choose  to  subscribe  its 
call  by  the  Ruling  Elders  and  Deacons,  or  by  a  committee,  it 
shall  be  at  liberty  to  do  so.  But  it  shall,  in  such  case,  be  fully 
certified  to  the  Presbytery  by  the  Minister,  or  other  person 
who  presided,  that  the  persons  signing  have  been  appointed  for 
that  purpose  by  a  public  vote  of  the  church,  and  that  the  call 
has  been  in  all  other  respects  prepared  as  above  directed. 

This  provision  is  for  convenience ;  but  the  obliga- 
tions of  the  people  are  the  same  as  if  they  all 
themselves  signed.  That  they  may  not  lightly 
enter  into  obligations,  it  would  be  well,  unless  they 
are  already  familiar  with  them,  to  read  over  to  the 
congregation,  when  about  to  enter  upon  an  elec- 
tion, the  obligations  that  are  to  be  assumed. 

109.— VIII.  One  or  more  commissioners  shall  be  appointed 
to  present  and  prosecute  the  call  before  Presbytery. 

These  it  belongs  to  the  congregation  to  select. 

110. — IX.  If  the  call  be  to  a  Minister  or  Probationer  of 
another  Presbytery,  the  commissioners  appointed  to  prosecute 
the  call  shall  produce  an  attested  certificate  from  their  own 
Presbytery  that  it  has  been  laid  before  that  body  and  found  in 
order,  and  that  permission  has  been  granted  them  to  prosecute 
it  before  the  Presbytery  to  which  he  belongs. 

It  is  an  irregular  procedure  for  the  Pastor  elect  to 
change  Presbyteries  before  the  call  has  been  placed 
in  his  hands.     Indeed,  he  need  have  no  opinion,  or 


112  Chap.  YI.,  Sec.  IV.,  Pars.  1,  2.  133 

at  least  give  no  assurance  of  what  his  answer  will 
be,  until  after  the  call  is  placed  in  his  hands ;  for 
only  so  can  the  church  and  the  Presbyteries  speak 
their  mind  to  him  before  he  speaks  his  mind  to 
them,  as  the  Book  contemplates. 

Section  IV. — Of  the  Ordination  and  Installation  of  Ruling 
Eldei's  and  Deacons,  and  of  the  Dissolution  of  their  Official  Rela- 
tions. 

Under  the  head  of  ordination  and  installation  is 
treated  that  part  which  the  court  takes  in  the  voca- 
tion (paragraphs  96-98)  of  officers,  as  well  as  what 
these  terms  properly  signify.  The  ordination  of 
Euling  Elders  and  Deacons  is  treated  together,  and 
separately  from  that  of  Ministers,  because  they  are 
ordained  by  the  Session  and  Ministers  by  the 
Presbytery.  After  a  paragraph  on  appointing  a 
day  for  the  ordination,  follows  a  paragraph  on  the 
ordination  itself;  and  then  come  three  paragraphs 
on  the  dissolution  of  these  relations :  one  on  disso- 
lution upon  request ;  one  on  dissolution  by  removal ; 
and  one  on  the  renewal  of  relations  once  dissolved. 

111. — I.  When  any  person  has  been  elected  to  either  of 
these  offices,  if  the  way  be  clear,  and  he  declare  his  purpose  to 
accept,  the  Session  shall  appoint  a  day  for  his  ordination. 

Whether  the  way  is  clear  the  Session  must  deter- 
mine, especially  observing  paragraph  98.  No  one 
can  be  required  to  assume  an  office  without  his 
own  consent. 

112. — II.  The  day  having  arrived,  and  the  Session  being 
convened  in  the  presence  of  the  church,  a  sermon  shall  be 
preached,  if  convenient;  after  which  the  presiding  Minister 
shall  state  in  a  concise  manner  the  warrant  and  nature  of  the 
office  of  Ruling  Elder  or  Deacon,  together  with  the  character 
proper  to  be  sustained  and  the  duties  to  be  fulfiled. 


134  Chap.  VL,  Sec.  IV,  Par.  2.  112 

The  presiding  Minister  is,  of  course,  the  Moderator 
of  the  Session,  which  is  in  session  from  the  begin- 
ning of  this  service  of  ordination,  the  ordination 
being  by  the  Session  and  not  by  the  Minister. 

Having  done  this,  he  shall  propose  to  the  candidate,  in  the 
presence  of  the  church,  the  following  questions,  viz, : 

1.  Do  you  believe  the  Scriptures  of  the  Old  and  New  Testa- 
ments to  be  the  word  of  God,  the  only  infallible  rule  of  faith 
and  practice  ? 

As  this  is  not  intended  to  inquire  into  a  man's 
opinion  as  to  the  genuineness  of  particular  readings, 
so  not  as  to  the  authenticity  of  particular  books, 
but  into  his  opinion  concerning  these  Scriptures 
as  a  whole.  It  is  purposely  asked  whether  they 
are  the  word  of  God,  instead  of  whether  they  con- 
tain the  word  of  God ;  for,  though  there  are  senses 
in  which  it  might  be  more  exact  to  say  that  they 
contain  the  word  of  God,  yet,  unless  one  believes 
that  they  are,  being  the  word  or  teaching  of  some 
one  person,  God's  Word,  he  is  not  able  to  answer 
this  question  affirmatively  in  the  sense  intended. 
For,  while  we  would  claim  for  our  standards  only 
that  they  contain  the  word  of  God,  we  claim  for 
the  Scriptures  that  they  are  the  word  of  God. 
And  while  these  standards  are  a  rule  of  faith  and 
practice,  and  we  believe  them  to  be,  on  the  whole, 
a  correct  rule,  yet  neither  they  nor  any  other  rule 
set  forth  by  individuals  or  councils  is  an  infallible 
rule ;  but,  in  contrast  with  them  all,  however  excel- 
lent some  of  them  may  be,  we  believe  that  the 
Scriptures  are  an  infallible  rule,  and  so  the  only 
infallible  rule  whatever.  Being  such,  they  teach 
the  truth  and  nothing  but  the  truth.     This  does 


112  Chap.  VL,  Sec.  IV.,  Par.  2.  135 

not  determine  whether  there  may  be  errors  in  some 
of  the  statements  of  the  Bible  as  it  actually  lies 
before  us,  nor  how  such  errors,  if  any,  have  come 
to  be  there,  but  it  does  determine  that  the  Scrip- 
tures, as  they  came  from  God  and  as  they  now  exist 
in  the  possession  of  the  Church,  are  infallible  in 
their  teaching  as  to  belief  and  duty.  And  all 
officers  of  our  Church  stand  together  upon  this 
fundamental  platform,  and  no  one  is  asked  or  ex- 
pected to  associate  himself  with  us  in  office  who 
cannot  sincerely  stand  with  us  upon  this  basis. 

2.  Do  you  sincerely  receive  and  adopt  the  Confession 
of  Faith  and  Catechisms  of  this  Church,  as  containing  the 
system  of  doctrine  taught  in  the  Holy  Scriptures  ? 

The  question  is  not  concerning  the  Westminster 
Confession  and  Catechisms,  but  concerning  the 
Confession  and  Catechisms  of  this  Church,  though 
the  difference  between  them  is  slight.  The  ques- 
tion has  to  do,  not  with  a  favorable  opinion  of 
these  standards,  nor  even  with  such  an  approval  of 
them  as  one  might  give  to  a  set  of  regulations,  but 
with  such  a  receiving  of  them  as  is  an  adoption  of 
them  as  one's  own  utterance  of  his  beliefs.  And 
yet  there  is  a  limitation.  Not  only  is  any  formula- 
tion of  doctrine  incomplete,  in  that  it  does  not  con- 
tain all  that  the  complete  teaching  of  the  Scrip- 
tures contains,  and  more  or  less  one-sided,  in  that 
it  is  a  contradiction  of  the  particular  forms  of  error 
prevailing  at  the  time  of  its  formulation,  and  lays 
special  emphasis  upon  the  truths  just  then  most  in 
dispute,  or  most  thoroughly  agreed  upon  by  the 
formulators ;  but  it  is  fallible,  and  liable  to  contain 
positive  error  in  its  teaching.  Hence  one  is  not 
asked  to  say  that  these  standards  are  the  doctrines 


136  Chap.  VI.,  Sec.  IV.,  Par.  2.  112 

of  Scripture,  but  that  they  contain  the  doctrines 
of  Scripture. 

But  while  we  admit  that  these  standards  may- 
contain  error,  and  a  man  can  properly  answer  this 
question  affirmatively  who  believes  that  this  or 
that  in  the  standards  is  erroneous,  yet  no  one  can 
properly  answer  this  question  affirmatively  who 
does  not  believe  that  the  system  of  doctrine  con- 
tained in  these  standards  is  the  system  of  doctrine 
taught  in  the  Scriptures.  If  one  believes  that  no 
system  is  taught  in  the  Scriptures,  but  only  partic- 
ular facts  and  doctrines  incapable  of  being  reduced 
to  a  system,  or  if  he  does  not  believe  that  the  con- 
fessional system  is  the  scriptural  system,  though 
with  some  defects,  it  may  be  of  omission,  undue 
emphasis,  and  even  |)ositive  errors,  he  cannot  with 
propriety  make  this  confession  of  faith  his  own. 

3.  Do  you  approve  of  the  government  and  discipline  of  the 
Presbyterian  Church  in  tlie  United  States  ? 

A  gradation  is  noticeable  :  the  Scriptures  are  said 
to  he  the  word  of  God ;  the  standards  of  doctrine 
are  adoj)ted  as  containing  the  scriptural  system  of 
doctrine;  but  the  governmental  standards  are  not 
thus  adopted,  but  the  government  and  discipline 
are  ajyproved.  In  view  of  this  evidently  intended 
difference,  while  the  principles  of  doctrine  under- 
lying the  government  and  discipline,  so  far  as  set 
forth  in  the  doctrinal  standards,  are  covered  by  the 
preceding  question,  yet  the  application  of  these 
principles,  as  set  forth  in  the  Book  of  Church  Or- 
der, are  here  only  approved  in  the  sense  of  agreed 
to  as  regulations  to  be  observed.  But  unless  one 
can  thus  sincerely  approve,  being  willing  to  assume 
covenant   obligations    to   carry    out   these   provi- 


112  Chap.  VI.,  Sec.  ly.,  Par.  2.  137 

sions,  he  ought  not  to  answer  this  question  affirma- 
tively. 

4.  Do  you  accept  the  office  of  Ruling  Elder  (or  Deacon,  as 
the  case  may  be)  in  this  church,  and  promise  faithfully  to  per- 
form all  the  duties  thereof  ? 

Of  course,  if  at  any  time  afterwards  one  becomes 
unwilling  to  perform  all  the  duties  of  his  office 
faithfully,  he  is  bound,  on  common  principles  of 
honesty,  to  resign  his  office  obtained  upon  this 
promise.  And  surely  no  one  can  without  sin  allow 
himself  to  answer  this  question  affirmatively  with- 
out first  acquainting  himself,  in  some  good  mea- 
sure, with  the  duties  to  which  he  thus  pledges 
himself;  just  as  no  one  can,  without  sin,  affirm  the 
three  questions  preceding,  until  after  he  has  exam- 
ined the  Scriptures,  the  Confession,  and  Cate- 
chisms, and  the  government  and  discipline,  and 
satisfied  himself  of  his  ability  to  answer  Yes  intel- 
ligently and  sincerely. 

5.  Do  you  promise  to  study  the  peace,  unity,  edification, 
and  purity  of  the  Church  ? 

This  pertains  not  to  the  particular  church  alone, 
but  also  to  the  w^hole  Church.  The  officer  is  to 
earnestly  endeavor  that  he  may  positively  promote, 
as  well  as  not  hinder,  the  peace,  including  espec- 
ially the  unity  of  the  Church.  He  will  therefore 
labor  to  keep  his  particular  church  in  unity  with 
the  Church.  But  the  peace  of  the  Church  is  not 
to  be  purchased  with  its  edification  and  purity, 
but  the  peace  is  in  order  to  purity. 

The  Ruling  Elder  or  Deacon  elect  having  answered  in  the 
affirmative,  the  Minister  shall  address  to  the  members  of  the 
church  the  following  question,  viz, : 

Do  you,  the  members  of  this  church,  acknowledge  and  re- 


138  Chap.  YL,  Sec.  IV.,  Par.  2.  112 

ceive  this  brother  as  a  Ruling  Elder  (or  Deacon),  and  do  you 
promise  to  yield  him  all  that  honor,  encouragement  and 
obedience  in  the  Lord  to  which  his  office,  according  to  the 
word  of  God  and  the  Constitution  of  this  Church,  entitles 
him  ? 

The  members  of  the  Church  include  the  baptized 
children  that  have  not  yet  been  admitted  to  the 
Lord's  table,  if  they  choose  to  assent  to  this  ques- 
tion. While  "  obedience  "  is  hardly  due  to  a  deacon 
as  such,  honor  and  encouragement  are,  and  the 
question  is  framed  to  cover  the  case  of  both  Deacon 
and  Kuling  Elder.  If  the  members  that  have  a 
right  to  vote  should  now  refuse  to  agree  to  this 
pledge,  such  refusal  would  be  sufficient  reason  for 
proceeding  no  further  with  the  ordination,  of  which 
matter,  as  of  all  others  arising  in  the  course  of 
ordination,  the  Session  must  judge,  and  not  the 
Minister. 

The  members  of  the  church  having  answered  this  question 
in  the  affirmative,  by  holding  up  their  right  hands,  the  Slinister 
shall  proceed  to  set  apart  the  candidate,  with  prayer  and  the 
laying  on  of  the  hands  of  the  Session,  to  the  office  of  Ruling 
Elder  (or  Deacon,  as  the  case  my  be).  Prayer  being  ended, 
the  members  of  the  Session  (and  the  Deacons,  if  the  case  be 
that  of  a  Deacon)  shall  take  the  newly  ordained- officer  by  the 
hand,  saying,  in  words  to  this  effect:  "We  give  you  the  right 
hand  of  fellowship,  to  take  part  in  this  office  with  us."  The 
Minister  shall  then  say:  "I  now  pronounce  and  declare  that 
A.  B.  has  been  regularly  elected,  ordained  and  installed  a 
Ruling  Elder  (or  Deacon)  in  this  Church,  agreeably  to  the 
word  of  God,  and  according  to  the  Constitution  of  the  Presby- 
terian Church  in  the  United  States;  and  that  as  such  he  is  en- 
titled to  all  honor,  encouragement  and  obedience  in  the  Lord : 
In  the  name  of  the  Father,  and  of  the  Son,  and  of  the  Holy 
Ghost.  Amen."  After  which  he  shall  give  to  the  Ruling 
Elder  (or  Deacon)  and  to  the  church,  an  exhortation  suited  to 
the  occasion. 

The    members  of  the  Session,  being  all  ex  officio 


113  Chap.  YL,  Sec.  lY.,  Par.  3.  139 

Deacons,  may  say  to  a  newly  ordained  Deacon, 
*'to  take  part  in  this  office  with  us."  It  is  impor- 
tant to  notice  that  not  only  the  Minister,  but  all 
the  members  of  the  Session,  lay  on  their  hands 
upon  the  candidate ;  but  the  Deacons  do  not,  nor 
any  Euling  Elder  or  Minister  not  sitting  in  the 
Session  as  a  member  or  by  courtesy,  for  the  ordi- 
nation is  a  sessional  act. 

113. — III.  The  ofiftces  of  Ruling  Elder  and  Deacon  are  per- 
petual :  nor  can  they  be  laid  aside  at  pleasure ;  nor  can  any 
person  be  degraded  from  either  office  but  by  deposition  after 
regular  trial.  Yet  a  Ruling  Elder  or  Deacon  may,  though 
chargeable  with  neither  heresy  nor  immorality,  become  unac- 
ceptable in  his  official  character  to  a  majority  of  the  church 
■which  he  servos.  In  such  a  case,  it  is  competent  for  the  Ses- 
sion, upon  application,  either  from  the  officer  or  from  the 
church,  to  dissolve  the  relation.  But  no  such  application  from 
cither  party  shall  be  granted  without  affording  to  the  other 
party  full  opportunity  for  stating  objections. 

See  Eules  of  Discipline,  Chap.  YIII.,  Sec.  X. 
The  office  is  perpetual  in  the  same  sense  as  the 
status  of  communicating  member  is  perpetual ;  as 
one  cannot  come  into  either  dignity  without  the 
coaction  of  the  Church,  so  one  cannot  pass  out  of 
either  obligation  without  the  coaction  of  the  Church. 
And  the  Church  cannot  deprive  any  one  of  either 
status  without  regular  trial.  But  just  as  the  pas- 
toral relation  between  a  Minister  and  a  particular 
church  may  be  dissolved  without  degrading  him 
from  the  offiice  of  Minister,  so  the  official  relation 
between  a  Euling  Elder  or  Deacon  and  a  particu- 
lar church  may  be  dissolved  without  degrading  him 
from  his  office.  When  called  again  to  serve  in  his 
office  in  the  same  or  another  particular  church,  he 
needs  not  to  be  ordained  again,  but  only  to  be  in- 
stalled.    And  as  it  is  the  Presbytery  that  dissolves 


140  Chap.  YI.,  Sec.  IV.,  Pars.  3,  4.        114 

the  relation  in  the  case  of  a  Minister,  so  it  is  the 
Session  that  dissolves  the  relation  in  the  case  of  a 
Eiiling  Elder  or  Deacon.  Either  party  may  re- 
quest the  dissolution,  but  the  court  may  not  act 
without  first  hearing  from  the  other  party.  How 
the  church  can  initiate  proceedings  in  such  a  case 
is  not  pointed  out,  and  there  seems  to  be  no  way 
provided,  imless  one  of  these  two  be  resorted  to :  a 
majority  of  those  entitled  to  vote  may  request  the 
Session  to  convene  the  Church  for  the  purpose  of 
taking  action  on  the  question  of  the  official  relation 
of  such  or  such,  and  then  the  Session  would  be 
bound  to  convene  the  Church  as  requested  (102) ; 
or  the  Session  itself,  without  request  from  either 
party,  may  present  the  question  of  the  continuance 
of  his  official  relations  either  to  an  officer  or  to  the 
church,  as  the  Presbytery  might  present  such  a 
question  to  a  Pastor  or  to  his  church.  Our  para- 
graph suggests  unacceptability  in  his  official  capa- 
city to  a  majority  of  the  church  as  a  reason  for  the 
dissolution  of  one's  official  relation ;  but,  of  course, 
unacceptability  to  a  minority,  or  other  reason, 
might  be  sufficient  ground,  as  in  the  case  of  a 
Pastor,  of  which  the  Session  must  judge.  But  by 
analogy  (cf.  par.  128),  the  Session  has  no  option 
but  to  dissolve  the  relation  when  both  parties  re- 
quest it. 

114. — IV.  When  a  Ruling  Elder  or  Deacon  removes  perma- 
nently beyond  the  bounds  of  the  church  which  he  serves,  his 
official  relation  shall  be  thereby  dissolved,  and  the  Session 
shall  record  the  fact. 

The  relation  is  dissolved  by  the  removal,  whether 
the  officer  obtains  a  certificate  of  dismission  or 
not;  and  the  Session  should  make  record  of  the 


115      Chap.  YI.,  Sec.  IY.,  Par.  5;  Sec.  Y.        141 

fact  of  permanent  removal  and  the  consequent  dis- 
solution of  official  relation,  without  waiting  for  an 
application  for  dismissal. 

There  is  no  provision  for  releasing  a  Ruling 
Elder  or  Deacon  from  his  official  relation  on  the 
ground  of  old  age  or  physical  inability  (unless  so 
far  as  paragraph  113  may  be  construed  thus) ;  nor 
may  his  official  relation  be  dissolved  on  such 
ground  except  under  paragraph  113. 

115. — V.  When  a  Ruiing  Elder  or  Deacon  who  has  been 
released  from  his  official  relations  is  again  elected  to  his  office 
in  the  same  or  another  church,  he  shall  be  installed  after  the 
above  form,  with  the  omission  of  ordination. 

All  the  questions  would  be  asked,  and  everything 
done  as  prescribed  in  paragraph  112,  omitting  the 
words  "shall  proceed  to  set  apart.  .  .  .  After 
which  he."  If  a  Euling  Elder  thus  released  is 
afterwards  elected  a  Deacon  in  the  same  or  another 
church,  he  would  be  installed  simply,  since  a  Rul- 
ing Elder  is  ex-qfficio  a  Deacon.  (See  last  para- 
graph of  remarks  on  112.) 

Section  V. — Of  the  Ordination  of  Mi7iisters,  and  tlie  Forma- 
tion and  Dissolution  of  the  Pastoral  Relation. 

The  relation  of  a  Minister  to  a  church  as  one  of  its 
officers  is  treated  apart  from  the  like  relation  of  a 
Euling  Elder  or  Deacon,  because  this  the  Session 
controls,  and  that  the  Presbytery.  The  section 
falls  into  three  parts — seven  paragraphs  on  the 
ordination  of  Pastors;  six  paragraphs  of  special 
regulations  to  cover  cases  not  provided  for  in  the 
preceding  paragraphs ;  and  one  paragraph  on  the 
dissolution  of  the  pastoral  relation.  The  seven 
paragraphs  on  the  ordination  of  Pastors  have  three 
on  the  steps  antecedent  to  the  ordination,  one  on 


142  Chap.  VI.,  Sec.  v.,  Pars.  1,2.     116,  117 

the  placing  of  the  call,  one  on  the  acceptance  of  it, 
and  one  on  trials  with  a  view  to  ordination ;  and 
three  on  the  ordination  itself,  one  on  the  obliga- 
tions of  the  candidate,  one  on  the  obligations  of 
the  church,  one  on  the  act  of  ordination,  and  one 
on  the  recognition  of  the  new  Pastor. 

116. — I.  No  Minister  or  Probationer  shall  receive  a  call 
from  a  church  but  by  the  permission  of  his  Presbytery.  When 
a  call  has  been  presented  to  the  Presbytery,  if  found  in  order 
and  the  Presbytery  derm  it  for  the  good  of  the  Church,  they 
shall  place  it  in  the  hands  of  the  person  to  whom  it  is  ad- 
dressed. 

The  principle  is  fundamental,  that  neither  Minister 
nor  church  may  enter  into  the  pastoral  relation 
without  the  consent  of  Presbytery;  and  the  estab- 
lishment of  what  is  virtually  the  pastoral  relation 
without  the  regular  process  and  installation,  what- 
ever the  relation  may  be  called,  is  subversive  of 
our  system.  Even  for  the  Minister  to  signify  his 
own  mind  concerning  hi*s  proposed  relation  to  the 
church  before  the  Presbytery  has  acted  will  often 
tend  to  render  the  interposition  of  the  Presbytery 
impracticable.  The  ideal  would  be  for  the  called 
to  give  no  indication  of  his  own  mind,  and  not  to 
be  consulted  at  all,  until  after  the  Presbytery  has 
put  the  call  into  his  hands. 

117. — II.  When  a  call  for  the  pastoral  services  of  a  Proba- 
tioner has  been  accepted  by  him,  the  Presbytery  shall  take 
immediate  steps  for  his  ordination. 

Wlien  the  three  parties — the  church  and  the  Pres- 
bytery and  the  man  called — have  all  agreed  that 
the  relation  should  be  established,  no  pleas  of 
convenience  or  of  other  ground  shall  be  permitted 
to  delay  it,  in  the  case  of  a  probationer ;  but  in  the 


118  CHAr.  VL,  Sec.  v.,  Par.  8.  143 

case  of  an  ordained  Minister  other  interests  may- 
justify  a  delay. 

118. — III.  The  trials  for  ordination,  especially  in  a  different 
Presbytery  from  that  in  which  the  candidate  was  licensed, 
shall  consist  of  a  careful  examination  as  to  his  acquaintance 
with  experimental  religion;  as  to  his  knowledge  of  philosophy, 
theology,  ecclesiastical  history,  the  Greek  and  Hebrew  lan- 
guages, and  such  other  branches  of  learning  as  to  the  Presbytery 
fchall  appear  requisite,  and  as  to  his  knowledge  of  the  doctrine 
of  the  sacraments,  and  the  principles  and  rules  of  the  govern- 
ment and  discipline  of  the  Church.  He  shall  further  be  re- 
quired to  preach  a  sermon  before  the  Presbytery.  The  Pres- 
bytery being  fully  satisfied  of  his  qualifications  for  the  sacred 
office,  shall  appoint  a  day  for  his  ordination,  which  ought,  if 
practicable,  to  be  in  that  church  of  which  he  is  to  be  the  Pastor. 

It  must  be  borne  in  mind  that  the  one  object  of 
these  trials  is  to  satisfy  the  Presbytery  of  the  pro- 
bationer's qualifications  for  the  ministry;  Presby- 
tery is  not  to  ordain  until  fully  satisfied  as  to  quali- 
fications, and  the  trials  should  continue  until  this 
full  satisfaction  is  reached,  and  need  continue  no 
further.  But  the  Presbytery  is  not  at  liberty  to 
omit  altogether  any  part  of  the  trials  here  pre- 
scribed, unless  it  be  such  part  as  has  been  had  al- 
ready before  the  Presbytery  in  trials  for  licensure ; 
and  these  need  not  be  omitted. 

These  trials  fall  into  three  groups.  The  first  is  a 
careful  examination  as  to  his  own  inward  experi- 
ence. The  question,  not  merely  whether  the  pro- 
bationer gives  credible  evidence  of  faith  in  Christ, 
but  whether,  having  such  faith,  his  religious  expe- 
rience is  such  as  a  Minister  needs  to  have  as  a 
qualification  for  his  office.  For  one  may  have 
some  acquaintance  with  genuine  experimental  reli- 
gion, and  not  have  sufficient  acquaintance  for  this 
office.     As  this  is  immeasurably  more  important 


144  Chap.  VL,  Sec.  v.,  Par.  3.  118 

than  any  learning,  so  upon  this  the  chief  stress 
ought  to  be  laid.  Whatever  other  trial  is  abridged 
or  given  little  attention,  this,  which  is  put  first  and 
is  first,  should  be  thorough,  and  too  great  defi- 
ciency here  should  always  arrest  the  trials  for  ordi- 
nation, it  not  being  worth  while  to  go  further,  un- 
less the  probationer  is  qualified  iu  this  respect. 

The  second  group  is  a  careful  examination  as  to 
knowledge.  And  the  branches  of  knowledge  are 
specified  in  three  specifications.  The  first  specifi- 
cation is  philosophy,  theology,  ecclesiastical  his- 
tory, the  Greek  and  Hebrew  languages.  Philoso-' 
phy  is  named  before  theology,  a  man's  philosophy 
having  more  to  reveal  of  his  mental  make-up,  and 
more  Jo  do  with  determining  his  theology,  than  his 
theology  has  to  reveal  of  his  mental  make-up,  or 
to  do  with  his  philosophy.  And  yet  theology  is 
the  central  subject,  to  which  philosophy  contri- 
butes on  the  one  hand,  and  ecclesiastical  history 
and  the  original  languages  of  Scripture  on  the 
other.  It  must  appear  strange  that  knowledge  of 
the  Scriptures  is  not  distinctly  named,  unless  the- 
ology is  understood  to  be  another  term  for  it.  The 
second  specification  is  such  other  branches  of 
learning  as  to  the  Presbytery  shall  appear  requi- 
site. Eequisite  for  what?  Requisite  for  showing 
whether  he  has  the  qualifications  for  the  office  of 
the  ministry.  For  one  might  be  destitute  of  learn- 
ing iu  some  of  the  subjects  named,  and  yet  have 
such  learning  in  subjects  not  named  as  would  make 
him  superior,  in  point  of  human  learning,  to  many 
that  have  satisfactory  learning  in  the  subjects 
named.  Now,  it  is  manifest  that  the  requirement 
to  examine  in  these  branches  of  learning  that  are 


119  Chap.  VL,  Sec.  Y.,  Par.  4.  145 

named,  is  not  a  requirement  that  the  probationer 
shall  show  a  knowledge  of  them  all.  The  Presby- 
tery is  to  examine  as  to  his  knowledge ;  but  how 
much  knowledge  of  this  or  that  will  be  necessary 
to  satisfy  Presbytery  of  his  qualifications  the  Pres- 
bytery must  decide.  The  third  specification  is  the 
sacraments  and  the  government  and  discipline. 
These  items  are  thrown  off  to  themselves,  that  they 
may  the  more  certainly  receive  distinct  attention 
before  Presbytery. 

The  third  group  of  trials  is  the  sermon ;  and  this 
the  Presbytery  is  not  at  liberty  to  omit.  For  he  is 
being  tested  as  to  his  qualifications  to  preach. 

The  ordination  must  be  in  the  presence  of  the 
church  (paragraph  120)  that  he  is  to  be  pastor  of, 
and  therefore  ought,  if  practicable,  to  be  in  the 
church  building  in  which  this  church  is  accustomed 
to  worship. 

119. — IV.  The  day  appointed  for  the  ordination  having 
come,  and  the  Presbytery  being  convened,  a  member  of  the 
Presbytery,  previously  appointed  to  that  duty,  shall  preach  a 
sermon  adapted  to  the  occasion.  The  same,  or  another  mem- 
ber appointed  to  preside,  shall  afterwards  briefly  recite  from 
the  pulpit  the  proceedings  of  the  Presbytery  preparatory  to  the 
ordination;  he  shall  point  out  the  nature  and  importance  of 
the  ordinance,  and  endeavor  to  impress  the  audience  with  a 
proper  sense  of  the  solemnity  of  the  transaction. 

Then  addressing  himself  to  the  candidate,  he  shall  propose 
to  him  the  following  questions,  viz.: 

1.  Do  you  believe  the  Scriptures  of  the  Old  and  New  Tes- 
taments to  be  the  Word  of  God,  the  only  infallible  rule  of  faith 
and  practice  ? 

2.  Do  you  sincerely  receive  and  adopt  the  Confession  of 
Faith  and  the  Catechisms  of  this  Church  as  containing  the  sys- 
tem of  doctrine  taught  in  the  Holy  Scriptures? 

3.  Do  you  approve  of  the  government  and  discipline  of  the 
Presbyterian  Church  in  the  United  States? 

4.  Do  you  promise  subjection  to  your  brethren  in  the  Lord  ? 

5.  Have  you  been  induced,  as  far  as  you  know  your  own 
10 


146  Chap.  VL,  Sec.  v.,  Par.  4.  119 

heart,  to  seek  the  office  of  the  holy  ministry  from  love  of  God 
and  a  sincere  desire  to  promote  his  glory  in  the  gospel  of  his 
Son? 

The  purport  of  the  first  three  questions  was  set 
forth  under  paragraph  112,  but  questions  4,  5,  and 
7  are  additional  to  the  questions  asked  of  Euling 
Elders  and  Deacons  at  their  ordination.  What  the 
Minister  here  explicitly  professes  and  promises  is 
all  implied  in  the  obligations  assumed  by  those 
lower  officers;  but  the  superior  dignity  and  im- 
portance of  the  Ministerial  office  is  indicated  in 
making  these  elements  of  the  obligation  explicit. 
Subjection  to  one's  brethren  is,  of  course,  qualified 
by  such  teachings  as  are  contained  in  Section  I.  of 
Chapter  II.,  and  by  the  particular  provisions  of  the 
Book  of  Church  Order ;  but  within  these  limits  the 
obligation  of  obedience  to  ecclesiastical  authority 
is  assumed,  and  should  be  humbly  and  strictly 
kept.  And  so  many  are  the  temptations  to  enter 
the  Ministry  from  unworthy  motives,  so  impossible 
is  it  to  do  the  work  of  this  office  efficiently  except 
from  love  to  God,  and  so  great  is  the  guilt  of  pros- 
tituting this  office  to  the  service  of  lower  motives, 
that  each  one  is  put  upon  searching  his  own  con- 
science to  see  and  to  declare  this  pure  motive  his 
real  motive. 

6.  Do  you  promise  to  be  zealous  and  faithful  in  maintain- 
ing the  truths  of  the  gospel  and  the  purity  and  peace  of  the 
Church,  whatever  persecution  or  opposition  may  arise  to  you 
on  that  account  ? 

This  is  substantially  the  same  as  question  5  in 
paragraph  112,  put  to  Ruling  Elders  and  Deacons; 
but  lays  more  emphasis  upon  fidelity  in  the  face 
of  opposition  and  persecution;  and  for  this  there 
is  the  fact  that  a  Minister  may  lose  his  means  of 


120  Chap.  VI.,  Sec.  V.,  Pars.  4,  5.         147 

living  and  professional  standing  by  such  fidelity,  if 

lie  thereby  encounters  opposition  from  the  worldly 

and  ignorant  in  the  Church.     Perhaps  this  part  of 

the  Ministerial  vow  is  more  often  violated  than  any 

other,  on  this  very  account. 

7.  Do  5^ou  engage  to  be  faithful  and  diligent  in  the  exercise 
of  all  your  duties  as  a  Christian  and  a  Minister  of  the  gospel, 
whether  personal  or  relative,  private  or  public ;  and  to  endeavor 
by  the  grace  of  God  to  adorn  the  profession  of  the  gospel  in 
your  conversation,  and  to  walk  with  exemplary  piety  before 
the  flock  of  which  God  shall  make  you  overseer? 

See  comments  under  question  5.  Emphasis  is 
thus  put  upon  the  preeminent  importance  of  the 
Minister's  life  as  distinguished  from  his  teaching. 

8  Are  you  now  willing  to  take  the  charge  of  this  church, 
agreeably  to  your  declaration  at  accepting  their  call?  And  do 
you,  reljnng  upon  God  for  strength,  promise  to  discharge  to  it 
the  duties  of  a  Pastor  ? 

This  is  parallel  with  question  4  in  paragraph  112. 
If  the  candidate  should  fail  to  answer  any  of 
these   questions    in    the   affirmative,   that    failure 
w^ould  arrest  the  ordination  service. 

120. — V.  The  candidate  having  answered  these  questions 
in  the  affirmative,  the  presiding  Minister  shall  propose  to  the 
church  the  following  questions: 

It  appears  that  only  a  Minister  may  preside  on 
such  an  occasion. 

1.  Do  you,  the  people  of  this  congregation,  continue  to 
profess  your  readiness  to  receive  .  .  .  whom  you  have  called 
to  be  your  Pastor  ? 

These  four  questions  replace  the  one  question 
asked  the  church,  paragraph  112,  at  the  installa- 
tion of  Euling  Elders  and  Deacons,  and,  by  laying 
more  emphasis  upon  these  obligations  to  a  Minister 
than  upon  the  like  obligations  to  them,  again  indi- 


148  Chap.  VI.,  Sec.  V.,  Par.  5.  120 

cate  the  greater  dignity  and  importance  of  the  order 
of  Ministers. 

It  is  conceivable  that  the  church  may  change  its 
mind  between  the  election  and  the  installation ;  and 
if  so,  here  would  be  the  place,  if  it  has  not  been 
done  already,  to  show  this  change  of  mind  by 
refusing  to  answer  affirmatively.  And  should  there 
be  such  a  refusal  by  the  members  generally,  or  by 
so  large  a  number  as  to  indicate  such  a  change  of 
mind,  the  Presbytery  should  not  proceed  with  the 
installation. 

2.  Do  you  promise  to  receive  the  word  of  truth  from  his 
mouth  with  meel^ness  and  love,  and  to  submit  to  him  iu  the 
due  exercise  of  discipline? 

This  is  a  specific  promise  not  to  do  what  members 
of  the  church  are  so  liable  to  do,  receive  the 
preaching  with  adverse  criticism,  and  resist  or 
disapprove  discipline. 

3.  Do  you  promise  to  encourage  him  in  his  labors,  and  to 
assist  his  endeavors  for  your  instruction  and  spiritual  edifica- 
tion? 

Here  is  emphasized  a  thing  so  commonly  neglected 
by  the  members  of  the  church,  and  yet  so  much 
needed  by  the  Pastor,  an  obligation  the  more 
sacred  because  indefinable. 

4.  And  do  you  engage  to  continue  to  him  while  he  is  j'our 
Pastor  that  competent  worldly  maintenance  which  you  have 
promised,  and  to  furnish  him  with  whatever  you  may  see 
needful  for  the  honor  of  religion  and  for  his  comfort  among  you  ? 

It  being  assumed  that  the  church  in  its  call  has 
promised  a  competent  worldly  maintenance,  it  here 
repeats  that  promise,  especially  promising  not  to 
discontinue  or  diminish  the  same  on  account  of 
any  disaffection  arising,  until  discharged  from  this 
obligation  by  the  dissolution  of  the  pastoral  rela- 


121  Chap.  VI.,  Sec.  Y.,  Pars.  5, 6.  149 

tion;  and  to  this  is  added  a  promise  that  to  this 
minimum  shall  be  added  whatever,  if  anything,  is 
needful  to  the  honor  of  religion  or  the  comfort  of 
the  Pastor. 

A  beautiful  undertaking !  But  who  is  bound  to 
do  this?  Each  individual  to  the  extent  of  his  par- 
ticular promise  already  made?  Yes  and  No.  The 
individual  is  bound  in  just  the  sense  and  to  just 
the  extent  in  which  every  member  of  a  body  is 
bound  for  its  obligations;  his  obligation  is  not 
limited  or  measured  by  the  pro  rata  which  he  may 
have  undertaken  to  pay,  except  so  far  as  the  terms 
or  conditions  of  that  promise  may  define  his  rela- 
tions to  his  fellow  members ;  for  his  obligation  is 
not  immediately  to  the  Pastor,  but  to  the  church. 
It  is  the  church  that  is  under  obligation  to  the 
Pastor;  and  its  whole  ability  in  property  and  in 
its  resources  of  contributions  from  its  members  is 
under  pledge. 

This  being  true,  a  church  ought  not  to  enter 
into  an  obligation  beyond  its  reasonable  ability  to 
meet,  nor  ought  a  Presbytery  to  permit  it.  But 
since  a  church  ought  not  to  promise  anything  less 
than  a  competent  support,  a  church  not  really  able 
to  give  such  a  support  ought  not  to  continue  as  a 
distinct  church.  By  sharing  the  support  of  a  Pas- 
tor with  one  or  more  neighboring  churches,  or  by 
receiving  a  fixed  aid  from  Presbytery  or  other 
source,  a  church  not  able  alone  to  have  a  Pastor 
may  yet  have  a  Pastor  agreeably  to  these  princi- 
ples. 

121. — VI.  The  people  having  answered  these  questions  in 
the  affirmative,  by  holding  up  their  right  hands,  the  candidate 
shall  kneel,  and  the  presiding  Minister  shall,  with  prayer  and 


150  Chap.  YI,  Sec.  V.,  Par.  6.  ISl 

the  laying  on  of  the  hands  of  the  Presbytery,  according  to  the 
apostolic  example,  solemnly  set  him  apart  to  the  holy  office  of 
the  gospel  ministry.  Prayer  being  ended,  he  shall  rise  from 
his  knees;  and  the  Minister  who  presides  shall  first,  and  after- 
wards all  the  members  of  Presbytery  in  their  order,  take 
him  by  the  right  hand,  saying,  in  words  to  this  effect:  "We 
give  you  the  right  hand  of  fellowship,  to  take  part  in  this  min- 
istry with  us."  The  Moderator  shall  then  say:  "I  now  pro- 
nounce and  declare  that  A.  B.  has  been  regularly  elected,  or- 
dained, and  installed  Pastor  of  this  congregation,  agreeably  to 
the  word  of  God,  and  according  to  the  Constitution  of  the 
Presbyterian  Church  in  the  United  States;  and  that  as  such  he 
is  entitled  to  all  support,  encouragement,  honor,  and  obedience 
in  the  Lord,  In  the  name  of  the  Father,  and  of  the  Son,  and 
of  the  Holy  Ghost.  Amen."  After  which  the  Minister'  pre- 
siding, or  some  other  appointed  for  the  purpose,  shall  give  a 
solemn  charge  to  the  Pastor  and  to  the  congregation  to  perse- 
vere in  the  discharge  of  their  reciprocal  duties;  and  then  by 
prayer  recommend  them  both  to  the  grace  of  God  and  his  holy 
keeping;  and  finally,  after  singing  a  psalm  or  hymn,  shall  dis- 
miss the  congregation  with  the  usual  blessing.  And  the  Pres- 
bytery shall  duly  record  the  transaction. 

It  is  to  be  noted  that  the  Minister  presiding  is 
to  do  everything  but  preach  the  sermon  and  de- 
liver the  charge,  and  he  may  also  deliver  the  ser- 
mon or  the  charge,  or  both;  that  the  charge  to  the 
Pastor  and  to  the  people  is  to  be  delivered  by  one 
Minister,  there  being  prescribed  here  only  one 
charge  by  one  Minister,  and  not  two  charges  by 
two  Ministers;  and  that  a  Killing  Elder  cannot  be 
an  appointee  for  any  of  these  functions.  As  there 
is  nowhere  any  rule  for  determining  an  order  of 
precedence  between  the  members  of  Presbytery, 
the  phrase  "members  of  the  Presbytery  in  their 
order"  must  mean  simply  one  after  another.  Rul- 
ing Elders,  members  of  the  Presbytery,  lay  their 
hands  on  the  head  of  the  candidate,  and  extend  to 
him  the  right  hand  of  fellowship,  as  well  as  the 
Ministers.     It  is  proper  for  them  also  to  use  the 


125      Chap.  VI.,  Sec.  V.,  Pars.  7,  8,  9,  10.        151 

words  "to  take  part  in  this  ministry  with  ns,"  al- 
though these  words  can  mean,  in  their  mouth,  only 
the  ministry  of  ruling.  (Cf.  also  par.  112  and  com- 
ments.) 

122.— VII.  After  the  installation,  the  heads  of  families  of 
the  congregation  then  present,  or  at  least  the  Ruling  Elders 
and  Deacons,  should  come  forward  to  their  Pastor,  and  give 
him  their  right  hand,  in  token  of  cordial  reception  and  affec- 
tionate regard. 

Others  are  not  forbidden  to  do  the  same ;  nor  is 
it  wrong  to  extend  like  welcome  to  a  Euling  Elder 
or  Deacon. 

123. — VIII.  In  the  ordination  of  Probationers  as  Evangel- 
ists, the  eighth  of  the  preceding  questions  shall  be  omitted, 
and  the  following  substituted  for  it,  namelj': 

Do  you  now  undertake  the  work  of  an  Evangelist,  and  do 
you  promise,  in  reliance  on  God  for  strength,  to  be  faithful  in 
the  discharge  of  all  the  duties  incumbent  on  you  as  a  Minister 
of  the  gospel  of  the  Lord  Jesus  Christ? 

While  it  would  be  according  to  the  principles  of 
the  Form  of  Government  to  substitute  a  similar 
question  in  ordination  to  the  office  of  Teacher  or 
other  sort  of  labor  as  Minister,  no  express  pro- 
vision is  made  for  such  cases.  (Cf.  remarks  at  be- 
ginning of  Sec.  III.) 

124.— IX.  No  Presbytery  shall  ordain  any  Probationer  to 
the  office  of  the  gospel  ministry,  with  reference  to  his  laboring 
within  the  bounds  of  another  Presbytery,  but  shall  furnish  him 
with  the  necessary  testimonials,  and  require  him  to  repair  to  the 
Presbytery  within  whose  bounds  he  expects  to  labor,  that  he 
may  submit  himself  to  its  authority,  according  to  the  Consti- 
tution of  the  Church. 

This  accords  with  paragraphs  101  and  62. 

125. — X.  In  the  installation  of  an  ordained  Minister,  the 
following  questions  are  to  be  substituted  for  those  addressed 
to  a  candidate  for  ordination,  namely : 

1.  Are  you  now  willing  to  take  charge  of  this  congregation 


152  Chap.  YI.,  Sec.  V.,  Paes.  10,  II.  126 

as  thek  Pastor,  agreeably  to  your  declaration  at  accepting  its 
call? 

This  is  identical  with  the  first  part  of  question  8 
in  paragraph  119. 

2.  Do  you  conscientiously  believe  and  declare,  as  far  as 
you  know  your  own  heart,  that,  in  taking  upon  you  this  charge, 
you  are  influenced  by  a  sincere  desire  to  promote  the  glory  of 
God  and  the  good  of  the  Church  ? 

This  is  a  particular  application  of  the  principle  of 
question  5  in  119. 

3.  Do  you  solemnly  promise  that,  by  the  assistance  of  the 
grace  of  God,  you  will  endeavor  faithfully  to  discharge  all  the 
duties  of  a  Pastor  to  this  congregation,  and  will  be  careful  to 
maintain  a  deportment  in  all  respects  becoming  a  Minister  of 
the  gospel  of  Christ,  agreeably  to  your  ordination  engagements? 

This  is  substantially  the  same  as  question  7  in 
119,  with  a  reiteration  of  all  the  ordinary  obliga- 
tions. 

126  — XI.  A  congregation  desiring  to  call  a  Pastor  from  his 
charge,  shall,  by  its  commissioners, 

109, 

represent  to  the  Presbytery  the  ground  on  which  it  pleads  his 
removal.     The  Presbytery  having  heard  all  the  parties, 

The  Pastor  himself,  as  well  as  his  church  and  the 
church  calling,  is  one  of  the  parties;  but  he  is  not 
obliged  to  indicate  his  opinion. 

may,  upon  viewing  the  whole  case,  either  recommend  them  to 
desist  from  prosecuting  the  call, 

This  recommendation  the  calling  church  is  not 
obliged  to  follow, 

or  may  order  it  to  be  delivered  to  the  Minister  to  whom  it  is 
addressed,  with  or  without  advice ; 

The  Presbytery  may  be  unwilling  to  prevent  his 


126  Chap.  YI,  Sec.  V.,  Par.  11.  153 

translation  without  his  consent,  and  yet  may  feel 

constrained  to  advise  him  to  decline  the  call ;  or 

the  Presbytery  may  be  so  strongly  persuaded  that 

his  translation  is  desirable  for  the  general  good  as 

to    advise  him   to    accept,  although  it  is  without 

authority  to  command. 

or  may  decline  to  place  the  call  in  his  hands, 

however  much  any  or  all  the  parties  may  desire 

the  translation, 

as  it  shall  appear  most  for  the  peace  and  edification  of  the 
Church  at  large ;  or  it  may  refer  the  whole  matter  to  the  Synod 
for  advice  and  direction ; 

As  a  lower  court  mav  refer  any  question  according 

to  247-254, 

and  no  Pastor  shall  be  translated  without  his  consent, 

Although  he  may,  without  his  consent,  be  removed, 

that  is,  have  his  pastoral  relation  dissolved. 

If  the  parties  are  not  ready  to  have  the  matter  issued  at  the 
meeting  then  in  progress,  a  written  citation  shall  be  given  the 
Minister  and  his  church  to  appear  before  the  Presbytery  at  its 
next  meeting,  which  citation  shall  be  read  from  the  pulpit 

of  his  church 

on  the  Sabbath  after  sermon,  at  least  two  Sabbaths  before  the 
intended  meeting. 

The  meaning  is  not  that  the  citation  shall  be  read 
at  least  twice,  but  that  it  shall  be  read  once  as 
much  as  two  Sabbaths  before.  This  gives  the 
church  ample  time  in  which  to  meet  as  a  congre- 
gation and  send  its  answer,  by  commissioners  or 
otherwise.  The  next  meeting  of  Presbytery  may 
be  its  next  regular  meeting  or  an  adjourned  meet- 
ing. The  principle  is,  that  the  Presbytery  must 
not,  unless   in   such    extraordinary   cases   as   are 


154  Chap.  YI,  Sec.  V.,  Pars.  12,  13.  128 

meant  in  the  latter  part  of  77  :  6,  dissolve  a  pastoral 
relation  without  giving  both  the  Pastor  and  the 
church  opportunity  to  show  wh}-  it  should  not  be 
dissolved. 

127. — XII.  If  the  congregation,  or  other  field  of  labor,  to 
which  a  Minister  or  Probationer  is  called,  be  under  the  juris- 
diction of  a  different  Presbytery, 

from  that  of  the  Minister  or  Probationer, 

on  his  acceptance  of  a  call  he  shall  be  furnished  with  the  pro- 
per testimonials,  and  required  to  repair  immediately  to  that 
Presbytery,  in  order  that  he  may  be  regularly  inducted  into  his 
office  according  to  the  preceding  directions. 

This  would  not  require  the  dismissal  of  one  who 
had  come  under  charges,  nor  would  it  forbid  the 
dismissal  of  one  in  whose  hands  a  call  had  been 
placed  and  not  yet  accepted  or  declined. 

It  may  be  remarked  here  that  a  church  that  has 
called  a  Pastor  may  withdraw  that  call  at  any  time 
before  his  acceptance,  and  even  at  any  time  after 
his  acceptance  and  before  his  installation  is  con- 
summated ;  but,  of  course,  if  done  between  his  ac- 
ceptance and  installation,  the  withdrawal  could  be 
morally  justified  only  upon  the  discovery  of  impor- 
tant facts  forbidding  the  institution  of  the  proposed 
relation. 

128. — XIII.  When  any  Minister  shall  tender  the  resignation 
of  his  pastoral  charge  to  his  Presbytery,  the  Presbytery  shall 
cite  the  church,  as  in  the  preceding  directions,  to  appear  by  its 
commissioners  at  the  next  meeting,  to  show  cause,  if  any  it 
has,  why  the  Presbytery  should  not  accept  the  resignption.  If 
the  church  fail  to  appear,  or  if  its  reasons  for  retaining  its 
Pastor  be  deemed  insufficient,  his  resignation  shall  be  accepted, 
and  the  pastoral  relation  be  dissolved.  If  any  church  desires 
to  be  relieved  of  its  Pastor,  a  similar  process  shall  be  observed. 
But  whether  the  Minister  or  the  church  initiate  proceedings 
for  a  dissolution  of  the  relation,  there  shall  always  be  a  meet- 


128  Chap.  VI.,  Sec.  Y.,  Par.  13.  155 

ing  of  the  ohurch,  called  and  conducted  precisely  in  the  same 
manner  as  when  the  call  of  a  Pastor  is  to  be  made  out. 

A  Pastor  resigns  to  the  Presbytery,  and  not  to 
the  church ;  and  the  church,  applies  to  the  Presby- 
tery for  a  dissolution,  and  does  not  ask  the  Pastor 
to  resign.  It  is  the  Presbytery  that  establishes  and 
dissolves  the  pastoral  relation,  and  not  the  Minis- 
ter and  the  church.  These  two  parties  have  no 
negotiations  with  each  other  directly  concerning 
the  pastoral  relation,  but  only  through  the  Pres- 
bytery. 

At  the  same  time,  according  to  the  principle 
indicated  in  paragraph  126,  that  the  church  may 
have  already  had  a  meeting  and  prepared  its  an- 
swer to  Presbytery,  in  case  some  other  church 
has  made  out  a  call  that  aims  at  the  removal  of 
the  Pastor,  the  church  may  likewise,  if  its 
Pastor  gives  notice  of  his  intention  of  tendering 
his  resignation  to  the  Presbytery,  hold  a  congrega- 
tional meeting  and  appoint  its  commissioners  to 
answer  in  the  matter  to  Presbytery,  before  that 
meeting  of  Presbytery  at  which  the  Pastor's  resig- 
nation is  to  be  presented ;  and  the  issue  may  then 
be  determined. 

The  church,  when  cited  by  Presbytery,  must 
be  convened  in  congregational  meeting,  but  it  may 
decide  to  make  no  opposition,  and  in  that  case 
may  decide  not  to  send  any  answer  to  the  Presby- 
tery. And  this  requirement  of  a  congregational 
meeting  does  not  forbid  the  Presbytery  to  dissolve 
the  pastoral  relation  on  its  own  motion,  without 
consulting  either  Pastor  or  church,  "where  the  in- 
terests of  religion  imperatively  demand  it."  (See 
77:6.) 


156  Chap.  VI.,  Sec.  VI.,  Par.  1.  129 

How  a  cliurch  can  initiate  proceedings  is  ex- 
plained in  remarks  under  paragraph  113. 

Section  VI. — Of  the  Licensure  of  Prohatioyiers  for  ilie  Gospel 
Minhtry, 

The  section  contains  two  preliminary  paragraphs, 
one  defining  the  object  of  licensure  and  one  pre- 
scribing Avhat  Presbytery,  and  upon  what  condi- 
tions, shall  take  up  the  question  of  licensing  a 
candidate;  four  on  evidences  of  fitness  for  licen- 
sure, of  which  the  first  prescribes  three  preliminary 
tests,  the  next  outlines  the  body  of  the  trials,  the 
third  states  the  end  and  limit  of  these  examina- 
tions, and  the  last  permits  licensure  in  extraordi- 
nary cases;  two  on  the  act  of  licensure,  one  pre- 
scribing the  obligations  to  be  demanded  of  the 
licentiate,  and  one  the  form  of  licensure;  two  on 
transfer  of  candidates  in  process  of  examination 
for  licensure,  and  of  unordained  licentiates;  and 
two  concerning  the  duties  of  the  licensed  proba- 
tioner, and  the  withdrawal  of  license. 

129. — I.  Presbyteries  shall  license  Probationers  to  preach 
the  gospel,  in  order  that,  after  sufficiently  trying  their  gifts, 
and  receiving  from  the  Church  a  goo4  report,  they  may,  in  due 
time,  ordain  them  to  the  sacred  office. 

Licensure  is  a  tentative  ordination ;  for  the  essence 
of  ordination  does  not  lie  in  the  ceremony  of  the 
imposition  of  hands,  but  in  the  decision  of  the  or- 
daining court  to  recognize  a  man  as  appointed  by 
Christ  to  an  office.  And  licensure  is  a  tentative 
recognition.  But  it  is  tentative.  The  candidate  is 
licensed  as  a  Probationer.  Especially  is  it  neces- 
sary to  bring  into  use  the  test  of  the  call  of  the 
Spirit  through  the  people  of  God;  and  the  special 


131  Chap.  VI.,  Sec.  VI.,  Pars.  2,  3.  157 

object  of  licensure  is  in  order  to  the  application  of 

this  test. 

130. — 11.  The  trials  of  a  candidate  for  licensure  shall  ordi- 
narily be  had  by  the  Presbytery  having  jurisdiction  of  the 
church  of  which  he  is  a  member;  but.  should  any  one  find  it 
more  convenient  to  put  himself  under  the  care  of  a  Presbytei-y 
at  a  distance  from  that  to  which  he  most  naturally  belongs,  he 
may  be  received  by  the  said  Presbytery  on  his  producing  testi- 
monials, either  from  the  Presbytery  in  the  bounds  of  which  he 
has  usually  resided,  or  from  any  two  Ministers  of  that  Presby- 
tery in  good  standing,  of  his  exemplary  piety  and  other  requi- 
site qualifications. 

It  is  a  striking  fact  that,  in  this  provision  for 
applying  for  licensure  outside  the  Presbytery  to 
which  the  applicant's  church  belongs,  no  mention 
is  made  of  the  Session ;  nor  does  the  Constitution 
anywhere  give  the  Session  any  function  in  connec- 
tion with  the  induction  of  men  into  the  ministerial 
office. 

131. — III.  Candidates  applying  to  the  Presbytery  to  be  li- 
censed to  preach  the  gospel  shall  produce  satisfactory  testimo-. 
nials  of  their  good  moral  character,  and  of  their  being  commu- 
nicating members  of  the  Churoh  in  regular  standing.  And  the 
Presbytery  shall  examine  them  respecting  their  experimental 
acquaintance  with  religion,  and  the  motives  which  influence 
them  to  desire  the  sacred  office.  This  examination  shall  be 
close  and  particular,  and  shall  ordinarily  be  conducted  in  the 
presence  of  the  Presbytery  only.  And  it  is  recommended  that 
the  candidate  be  also  required  to  produce  a  diploma  of  Bache- 
lor or  Master  of  Arts  from  some  college  or  university,  or  at 
least  authentic  testimonials  of  his  having  gone  through  a  regu- 
lar course  of  learning. 

Here  are  three  preliminary  requirements,  the 
first  two  of  which  are  imperative.  The  first  is  evi- 
dence, apart  from  the  applicant's  word,  that  he  has 
a  good  moral  character  and  is  a  communicating 
member  of  the  Church.  It  is  striking  that  neither 
of  these  facts  is  regarded  as  involving  the  other. 


158  Chap.  YI.,  Sec.  YI.,  Par.  3.  131 

The  decision  of  Presbytery  that  the  evidence  sub- 
mitted on  these  points  is  satisfactory  constitutes 
the  applicant  a  candidate  under  the  care  of  the 
Presbytery. 

The  next  requirement  is  independent  of  testi- 
mony concerning  the  candidate :  it  is  a  personal 
examination  of  the  candidate  on  his  experimental 
acquaintance  with  reHgion,  in  general,  and  on  his 
motives  for  seeking  the  office  of  the  ministry,  in 
particular.  Three  things  are  contained  here  con- 
cerning this  examination.  The  first  is  that  it  shall 
be  an  examination  of  the  candidate.  The  Presby- 
tery may  examine  through  a  committee  and  by 
writing ;  but  the  Presbytery  must  examine  the  can- 
didate himself,  and  examine  to  form  a  judgment  of 
its  own  concerning  his  religious  experience  and 
inner  mind ;  not,  indeed,  simply  to  determine 
whether  he  gives  credible  evidence  of  regenera- 
tion, but  of  spiritual  fitness  for  the  ministry.  And 
it  lies  in  the  nature  of  the  case  that  the  Presbytery 
need  not  conclude  this  part  of  the  examination  on 
the  first  occasion,  but  may  take  it  up  again  and 
again  until  licensure  is  granted.  In  the  second 
place,  this  examination  is  to  be  close  and  particu- 
lar. However  much  individual  members  of  the 
Presbytery  may  be  persuaded  of  the  candidate's 
piety,  or  even  of  his  fitness  for  the  ministry,  the 
principle  is,  that  the  court  will  be  led  to  perceive 
and  attest  this  fitness,  upon  a  thorough  examina- 
tion conducted  in  the  humility  and  wisdom  of  the 
Spirit,  if  it  exists;  or,  if  it  does  not  exist,  to  dis- 
cern and  declare  the  lack  of  it.  In  the  third  place, 
that  the  examination  may  be  such  as  this  principle 
requires,  the  examination  is  ordinarily  to  be  con- 


132  Chap.  VI.,  Sec.  VI.,  Par.  4.  159 

ducted  in  the  presence  of  the  Presbytery  only,  that 
there  may  be  no  embarrassment  to  the  candidate 
in  answering,  nor  restraint  to  the  members  of  Pres- 
bytery in  asking,  such  questions  as  are  proper  to  a 
thorough  examination. 

The  third  requirement  Presbyteries  are  not  en- 
joined to  make.  Presbytery  may  not  license  any 
one  without  satisfying  itself  that  he  has  "learning" 
(paragraph  133) ;  but  Presbytery  may  proceed  by 
examination  to  ascertain  whether  he  has  the  learn- 
ing without  requiring  external  proof  that  he  has 
had  the  opportunity  to  acquire  the  learning.  It  is 
recommended,  however,  that  this  precaution  be  not 
omitted ;  for  no  one  has  learning  naturally,  how- 
ever able  he  may  be,  and  it  is  useless  to  examine  a 
man  to  determine  whether  he  has  learning,  if  he 
has  not  gone  through  the  only  sort  of  course  that 
leads  to  learning.  The  Constitution  means  to  re- 
quire learning  in  all  cases. 

It  is  remarkable  that  Kuling  Elders  and  Deacons 
are  presumed  by  the  Constitution  to  receive  their 
call  from  the  people  (and  the  court)  first,  and  the 
inward  call  afterward ;  but  Ministers  are  presumed 
to  receive  the  inward  call  first,  and  that  of  the  court 
and  of  the  people  afterward. 

133.— IV.  The  Presbytery  shall  try  each  candidate  as  to  his 
knowledge  of  the  Latin  language  and  the  original  languages  of 
the  Holy  Scriptures. 

This  knowledge  of  the  languages  is  set  first  and 
to  itself,  as  lying  at  the  basis  of  learning  in  general 
(that  is,  of  the  sort  of  learning  required,  which  is 
rather  that  of  the  classical  than  of  the  scientific 
course),  and  of  biblical  learning  in  particular. 

It  shall  also  examine  him  on  mental  philosophy,  logic,  and 
rhetoric : 


160  Chap.  YI,  Sec.  VI.,  Par.  4.  132 

Teachers  need  to  URclerstand  psychology,  since 
they  are  to  work  iipon  mind ;  logic,  that  they  may 
be  able  to  interpret,  expound,  and  maintain  their 
doctrines ;  and  rhetoric,  that  they  may  be  able  ef- 
fectively to  present  their  teachings, 
on  ethics ; 

This  must  be  understood  here  to  include  meta- 
physics :  and  the  singular  importance  of  this 
branch  of  study  as  underlying  theology  is  not  to 
be  overlooked. 

on  the  natural  and  exact  sciences; 

While  the  mental  and  ethical  sciences  are  more 
important  for  the  minister,  the  training  of  the 
mathematical  and  physical  sciences  may  not  be 
dispensed  with  in  a  regular  course  of  learning; 
and  not  only  is  this  element  of  training  needful  for 
the  minister,  but  the  knowledge  of  the  physical 
sciences  is  now  of  practical  importance. 

on  theology,  natural  and  revealed ; 

This  means  not  only  a  systematic  arrangement  of 
the  doctrines  of  Scripture,  but  also  a  comprehen- 
sive philosophy  of  the  system  of  doctrines  taught 
in  the  Scriptures  and  otherwise  known  concerning 
God  and  man's  relations  to  him. 
and 

not  only  is  it  indispensable  that  the  candidate 
stand  a  satisfactory  examination  on  theology  in 
general,  but,  for  practical  reasons,  especially 

on  ecclesiastical  history,  the  sacraments,  and  church  govern- 
ment. 

It  is  noteworthy  that  the  Presbytery  is  never  at 


132  Chap.  YI.,  Sec.  VI.,  Par.  4.  161 

liberty  to  omit  trying  each  candidate  on  these  sub- 
jects. How  much  he  shall  know  on  these  subjects 
is  left  to  the  Presbytery's  discretion  under  the 
guidance  of  paragraph  133 ;  but  it  is  not  left  to  the 
Presbytery's  discretion  whether  to  ascertain,  hy  ex- 
amination, some  just  measure  of  his  knowledge  and 
discipline  in  each  of  these  subjects;  nor  may  the 
Presbytery  omit  any  of  the  exercises  following. 

Moreover,  the  Presbytery  shall  require  of  him — 

1.  A  discussion  in  Latin  of  a  thesis  on  some  common  head 
in  divinity. 

This  will  test  his  knowledge  of  the  Latin  language, 
of  theology,  and  of  logic  and  rhetoric. 

2.  An  exegesis  or  critical  exercise,  in  which  the  candidate 
shall  give  a  specimen  of  his  taste  and  judgment  in  sacred  criti- 
cism ;  presenting  an  explication  of  the  original  text,  stating  its 
connection,  illustrating  its  force  and  beauties,  removing  its 
difficulties,  and  solving  any  important  questions  which  it  may 
present. 

This  will  test  his  acquaintance  with  one,  if  not 
with  both,  of  the  original  languages  of  the  Scrip- 
tures, with  almost  the  whole  list  of  branches  of 
learning,  and  especially  with  the  Bible  itself  in  the 
original. 

3.  A  lecture  or  exposition  of  several  verses  of  Scripture. 

Besides  serving  largely  the  same  purposes  as  the 
critical  exercise,  this  will  especially  test  his  ac- 
quaintance with  the  English  Bible  and  his  ability 
as  an  expositor. 

4.  A  sermon. 

Lying  back  of  the  sermon  there  needs  to  be  a  grasp 
of   theological   truth  in    system,    and    the   power 
to  set  it  forth,  as  is  to  be  shown  in  the  thesis ;  a 
11 


162         Chap.  YI.,  Sec.  VI.,  Pars.  5,  6.       133,  134 

command  of  the  instruments  of  critical  exegesis,  as 
is  to  be  shown  in  the  critical  exercise ;  and  the 
power  of  expounding  the  Scriptures  in  accord  with 
the  principles  of  sound  theology  and  criticism,  but 
so  as  to  instruct  and  help  popular  assemblies,  as  is 
to  be  shown  in  the  lecture;  but  the  sermon  itself  is 
the  preacher's  great  work,  by  which  he  works  the 
truth  of  Scripture  into  the  lives  of  men.  Men 
may  be  profound  theologians,  correct  exegetes  and 
clear  expositors,  and  still  fail  as  preachers;  and 
such  men  should  not  be  licensed  to  preach. 

133, — Y.  These  and  other  similar  exercises 
Not  these  or  other,  etc. 

at  the  discretion  of  the  Presbytery,  shall  be  exhibited  until  it 
shall  have  obtained  satisfaction  as  to  the  candidate's  piety, 
learning  and  aptness  to  teach  in  the  Church, 

The  discretion  of  Presbytery  extends  to  the  "  other 
similar  exercises,"  and  to  the  extent  of  the  exer- 
cises and  their  repetition ;  but  the  process  of  test- 
ing must  continue  until  the  Presbytery  satisfies  its 
mind  whether  the  candidate  has  piety,  learning 
and  aptness  to  teach  in  the  Church,  that  is,  such 
piety  and  learning  and  aptness  as  the  Minister 
should  have. 

134, — VI,  No  candidate,  except  in  extraordinary  cases,  shall 
be  licensed  unless  he  shall  have  completed  the  usual  course  of 
academical  studies,  and  shall  also  have  studied  divinity  at 
least  two  years  under  some  approved  teacher  of  theology ;  and 
whenever  any  Presbytery  shall  see  reason  to  depart  from  this 
rule,  it  shall  always  n:ake  a  record  of  the  fact  upon  its  minutes, 
with  the  reasons  therefor. 

The  exception  is  not  an  exception  from  attainments, 
but  from  the  ordinary  conditions  of  getting  the 
attainments.     Ordinarily,  one  cannot  have  the  re- 


134  Chap.  VI.,  Sec.  YI.,  Par.  6.  163 

quisite  learning,  secular  and  sacred,  without  com- 
pleting the  usual  course  of  academical  studies  and 
studying  divinity  two  years  or  more  under  an  ap- 
proved guide ;  but  there  are  extraordinary  cases  of 
men  that,  without  having  followed  the  usual  aca- 
demical and  theological  courses,  have,  in  unusual- 
ways,  acquired  the  required  knowledge  and  disci- 
pline (namely,  the  three  languages;  mental  philo- 
sophy, logic  and  rhetoric;  ethics;  natural  and  ex- 
act sciences ;  theology ;  and  ecclesiastical  history, 
the  sacraments  and  church  government),  and  such 
extraordinary  cases  maybe  constitutionally  licensed. 
But  the  facts  and  reasons  must  always  be  recorded. 
But  may  no  candidate  be  licensed  who  is  deficient 
in  one  or  more  branches  of  the  prescribed  learn- 
ing?    Not  according  to  the  Constitution,  except  on 
this  ground :  It  belongs  to  Christ  himself  through 
his  Holy  Spirit  to  appoint  men  to  office  in  his 
Church  (pars.  8-11  and  96),  and  the  regulations 
prescribed  in  paragraph  132  are  prudential  in  their 
nature,  precautions  against  the  admission  of  un- 
qualified men  to  the  ministry  rather  than  an  enum- 
eration of  the   qualifications  that  Christ  has  re- 
vealed specifically;  and,  consequently,  whenever  a 
Presbytery  perceives  that  Christ  has  qualified  a 
man  for  the  office  of  the  ministry  w^ho  is  ignorant 
of   one  or  more  of   these  particular  branches  of 
learning,  the  Presbytery  ought  not  to  refuse  to  re- 
cognize the  manifest  will  of  the  King,  and  issue  the 
license.     Of  course,  such   an   extraordinary   case 
should  be  recorded,  the  principle  that  excepts  some 
from   the   requirements  of  prescribed   courses  of 
study  excepting  some  also  from  prescribed  branches 
of  study,  which  principle  is,  that  no  man  is  to  be 


164  Chap.  YI.,  Sec,  YI.,  Paes.  7,  8.     135,  136 

excluded  whom  Christ  has  duly  qualified,  and  no 
man  admitted  whom  Christ  has  not  qualified, 
whether  he  has  or  has  not  complied  with  the  pru- 
dential requirements  for  getting  these  qualifications. 
Cf.  also  par.  118  and  remarks  thereon. 

135. — VII.  If  the  Presbytery  be  satisfied  with  his  trials,  it 
shall  then  proceed  to  license  him  in  the  following  manner:  the 
Moderator  shall  propose  to  him  the  following  questions,  viz. : 

1.  Do  you  believe  the  Scriptures  of  the  Old  and  New  Testa- 
ments to  be  the  Word  of  God,  the  only  infallible  rule  of  faith 
and  practice  ? 

2.  Do  you  sincerely  receive  and  adopt  the  Confession  of 
Faith  and  the  Catechisms  of  this  Church  as  containing  the 
system  of  doctrine  taught  in  the  Holy  Scriptures  ? 

3.  Do  you  promise  to  study  the  peace,  unity  and  purity  of 
the  Church? 

These  questions  are  identical  with  questions  1 
and  2,  and  (nearly)  question  5,  put  to  Euling 
Elders  and  Deacons,  and  contain  the  fundamental 
obligations  of  all  admitted  to  office.  (Cf.  112  and 
119.)  The  word  edification,  inserted  in  question  5 
named  above,  is  omitted  here,  it  beicg  yet  unde- 
termined whether  the  licentiate  shall  be  able  to 
edify  the  Church.     (Cf.  pars.  139  and  140.) 

4.  Do  you  promise  to  submit  yourself,  in  the  Lord,  to  the 
government  of  this  Presbytery,  or  any  other  in  the  bounds  of 
which  you  may  be  called? 

This  is  substantially  the  same  as  the  fourth  ques- 
tion in  the  ordination  of  Ministers;  but  that  is 
made  more  comprehensive,  as  the  Minister  comes 
into  more  complex  relations  with  his  brother 
Elders  (through  his  membership  in  the  courts),  and 
the  candidate  is  simply  in  subjection  to  the  Pres- 
bytery alone  without  being  a  member  of  it. 

136. — VIII.  The  candidate  having  answered  these  ques- 
tions in  the  affirmative,  and  the  Moderator  having  offered  up  a 


137  Chap.  VI.,  Sec.  VI.,  Pars.  8,  9.  165 

prayer  suitable  to  the  occasion,  he  shall  address  the  candidate 
to  the  following  purpose:  "In  the  name  of  the  Lord  Jesus 
Christ,  and  by  that  authority  which  he  has  given  to  Lhe  Church 
for  its  edification,  we  do  license  you  to  preach  the  gospel  as  a 
probationer  for  the  holy  ministry  wherever  God  in  his  provi- 
dence may  call  you ;  and  for  this  purpose  may  the  blessing  of 
God  rest  upon  you,  and  the  Spirit  of  Christ  fill  your  heart. 
Amen."  And  record  shall  be  made  of  the  licensure  in  the  fol- 
lowing or  lil'e  form,  viz.  : 

At ,  the   .    .    .   day  of ,  the 

Presbytery  of •    •    •  ,  having  received  testimonials 

in  favor  of ,  of  his  having  gone 

through  a  regular  course  of  literature,  of  his  good  moral  char- 
acter, and  of  his  being  in  the  communion  of  the  Church,  pro- 
ceeded to  take  the  usual  parts  of  trial  for  his  Mcensure.  And 
he  having  given  satisfaction  as  to  his  accomplishments  in  liter- 
ature, as  to  his  experimental  acquaintance  with  religion,  and 
as  to  his  proficiency  in  divinity  and  other  studies,  the  Presby- 
tery did,  and  hereby  does,  express  its  approbation  of  all  these 
parts  of  trial.  And  he  having  adopted  the  Confession  of  Faith 
and  the  Catechisms  of  this  Church,  and  satisfactorily  answered 
the  questions  appointed  to  be  put  to  candidates  to  be  licensed, 
the  Presbytery  did,  and  hereby  does,  license  him,  the  said 

\   .    .    .  ,  to  preach  the  gospel  of  Christ,  as  a 

Probationer  for  the  holy  ministry,  within  the  bounds  of  this 
Presbytery,  or  wherever  else  he  shall  be  orderly  called. 

This  form  represents  that  the  Presbytery  proceeded 
to  take  the  usual  parts  of  trial  and  passed  the 
formal  act  of  licensure  on  the  same  date  ;  and  for 
this  reason  it  will  be  necessary,  in  many  cases,  to 
change  it.  This  might  be  done  by  omitting  the 
date  at  the  beginning,  and  inserting  it  before  the 
word  "license." 

137. — IX.  When  any  candidate  for  licensure  shall  have  occa- 
sion, while  his  trials  are  going  on,  to  remove  from  the  bounds 
of  his  own  Presbytery  into  the  bounds  of  another,  it  shall  be 
considered  regular  for  the  latter  Presbytery,  on  his  producing 
proper  testimonials  from  the  former,  to  take  up  his  trials  at 
the  point  at  which  they  were  left,  and  conduct  them  to  a  con- 
clusion in  the  same  manner  as  if  they  had  been  commenced  by 
itself. 


166       Chap.  VI.,  Sec.  VI.,  Pars.  10, 11, 12.  138-'40 

But  the  latter  Presbytery  may,  if  it  thinks  best, 
repeat  any  or  all  of  his  former  trials. 

138.— X.  In  like  manner,  when  any  Probationer,  after 
licensure,  shall  by  the  permission  of  his  Presbytery  remove 
beyond  its  limits,  an  extract  of  tlie  record  of  his  licensure,  and 
a  Presbyterial  recommendation,  signed  by  the  Clerk,  shall  be 
his  testimonials  to  the  Presbytery  under  whose  care  he  shall 
come. 

The  refusal  of  this  Presbytery  to  receive  him  would 
leave  him,  as  would  the  refusal  to  receive  an  un- 
licensed candidate,  hi  statu  quo  under  his  former 
Presbytery.  It  is  noticeable  that  he  is  not  sup- 
posed to  remove  without  his  Presbytery's  permis- 
sion. 

139. — XI.  Presbyteries  should  require  Probationers  to 
devote  themselves  diligently  to  the  trial  of  their  gifts ;  and  no 
one  should  be  ordained  to  the  work  t)f  the  gospel  ministry  until 
he  has  given  evidence  of  his  ability  to  edify  the  Church. 

It  is  extremely  important  that  the  probationary 
character  of  the  licentiate's  status  should  not  be 
forgotten,  either  by  himself  or  the  Presbytery. 

140. — XII.  When  a  Probationer  shall  have  been  preaching 
for  a  long  time,  and  his  services  do  not  appear  to  be  edifying  to 
the  Church,  the  Presbytery  may,  if  it  thinks  proper,  recall  his 
license ;  and  it  shall  be  its  duty  to  do  so  whenever  the  Proba- 
tioner shall  without  necessity  devote  himself  to  such  pursuits 
as  interfere  with  a  full  trial  of  his  gifts,  according  to  his 
license. 

The  dignity  of  a  licensed  Probationer  should  be 
kept  inseparable  from  the  obligation  and  aim  of 
this  tentative  status. 


141  Chap.  VII.,  Par.  1.  167 

CHAPTEE  VII. 
Of  the  Constitution  of  the  Pkesbyterian  Church. 

Of  the  three  paragraphs  the  first  defines  the 
Constitution ;  the  second  shows  how  one  part  of 
the  Constitution  may  be  amended ;  and  the  third, 
how  the  other  part  may  be  amended. 

141. — I.  The  Constitution  of  the  Presbyterian  Church  in 
the  United  States  consists  of  its  doctrinal  symbols,  embraced 
in  the  Confession  of  Faith,  and  the  Larger  and  Shorter  Cate- 
chisms, together  ^vith  the  Book  of  Church  Order,  which  com- 
prises the  Form  of  Government,  the  Rules  of  Discipline,  and 
the  Directory  for  Worship. 

No  other  deliverances  of  church  courts  or  of  indi- 
viduals form  any  part  of  the  Constitution.  Nor  is 
the  Bible  any  part  of  the  Constitution.  As  a  dis- 
tinct organization,  organizationally  distinct  from 
other  church  organizations,  the  parts  of  this  Church 
stand  together  in  this  Constitution,  accepted  as 
binding  law  and  covenant  by  all  the  constituent 
parts  of  this  Church;  and  the  Bible  is  to  this 
Church  what  this  Constitution  defines  it  to  be. 
The  fact  that  this  Constitution  subordinates  itself 
to  the  Bible  in  every  sense  does  not  make  the 
Bible  technically  the  Constitution  of  the  denomi- 
nation. No  one  is  compelled  to  become  a  consti- 
tuent of  this  society,  and  no  one  ought  to  assume 
to  do  so,  or  to  continue  to  do  so,  who  is  not  willing 
to  stand  together  with  the  others  in  this  Constitu- 
tion. But  such  acceptance  does  not  mean  the 
holding  of  this  Constitution  as  infallible,  or  as  in 
any  sense  equal  in  authority  with  the  Bible,  or  as 
not  needing  improvement. 


168  Chap.  YII.,  Par.  2.  142 

142.— II.  The  Book  of  Church  Order  may  be  amended  on 
the  recommendation  of  one  General  Assembly,  when  a  ma- 
jority of  the  Presbyteiies  advise  and  consent  thereunto,  and  a 
succeeding  General  Assembly  shall  enact  the  same. 

The  last  clause  is  not  a  part  of  the  "when"  clause, 
as  shown  by  the  change  of  tense,  but  is  co-ordinate 
with  the  first  principal  clause.  The  first  statement, 
then,  is  that  the  Book  'inay  be  amended  when  the 
requisite  number  of  Presbyteries  advise  and  con- 
sent to  a  recommendation  of  amendment  by  a 
General  Assembly.  But  the  amendment  is  not  yet 
enacted,  it  is  not  yet  in  the  Constitution ;  only  the 
amendment  has  been  recommended  to  be  made, 
and  the  required  advice  and  consent  that  it  be 
made  have  been  given.  It  remains  for  a  succeed- 
ing General  Assembly  to  make  it.  But  does  the 
word  "shall"  take  away  discretion  from  a  subse- 
quent Assembly?  Certainly  not;  for  it  does  not 
command  some  particular  Assembly  to  enact  the 
amendment,  and,  therefore,  commands  no  Assem- 
bly to  enact  it.  The  whole  paragraph  means  that, 
before  any  amendment  becomes  in  force,  it  shall  be 
enacted  by  a  General  Assembly  after  a  majority  of 
the  Presbyteries  have  advised  and  consented  that 
the  amendment  be  made,  and  have  given  this  advice 
and  consent,  not  in  response  to  the  motion  of  one 
or  more  individuals  or  other  courts,  but  in  response 
to  a  recommendation  of  a  General  Assembly.  The 
Presbyteries  must  not  only  consent,  but  advise. 
The  enacting  Assembly  may  be  any  Assembly  regu- 
larly convening  after  a  majority  of  the  Presbyteries 
existing  at  the  time  of  the  enactment  have  given 
their  advice  and  consent.  The  amendment  en- 
acted must  be  precisely  that  which  was  recom^ 
mended  and  was  advised  and  consented  to. 


142  (a)  Chap.  VII. ,  Par.  3.  169 

142 (re).— III.  Amendments  to  the  Confession  of  Faith  and 
the  Catechisms  of  this  Church  may  be  made  only  upon  the  re- 
commendation of  one  General  Assembly,  the  concurrence  of  at 
least  three-fourths  of  the  Presbyteries,  and  the  enactment  of 
the  same  by  a  subsequent  Assembly. 

The  only  real  difference  from  the  preceding  para- 
graph is  that  three-fourths  of  the  Presbyteries 
must  concur  instead  of  a  majority.  In  acting  on 
these  amendments,  too,  Presbyteries  should  vote 
to  concur  or  not  to  concur,  but,  in  acting  on  those, 
to  advise  and  consent  or  not  to  advise  and  consent. 

The  provision  contained  in  the  preceding  paragraph  for  the 
amendment  of  the  Book  of  Church  Order  shall  not  apply  to 
this  paragraph:  but  this  paragraph  shall  be  amended  or  altered 
only  in  the  way  in  which  itself  provides  for  the  amendment  of 
the  Confession  of  Faith  and  Catechisms  of  the  Church. 

Without  some  such  sentence  as  this  the  whole  para- 
graph would  fail  of  its  end,  since  it  might  be  wiped 
out  by  a  majority  of  the  Presbyteries. 

These  provisions  for  amending  the  Constitution 
settle  two  things  beyond  question:  this  Book  of 
Church  Order  cannot  mean  to  impose  any  obliga- 
tion upon  any  person  inconsistent  with  his  keeping 
an  open  mind  for  improvement  of  the  doctrinal 
standards  and  of  the  Book  of  Church  Order  by 
changes  of  omission,  addition  or  modification;  and 
nothing  said  by  any  Minister  or  Euling  Elder  of 
the  Church  in  any  court  in  relation  to  any  propo- 
sition to  amend  the  Constitution  ought  ever  to  be 
pleaded  against  him  in  charging  him  with  an 
offence.  This  unwritten  immunity  takes  away  ex- 
cuse for  willingly  agitating  the  Church  generally  in 
opposition  to  its  Constitution  before  one  endeavors 
in  this  constitutional  way  to  have  the  Constitution 
amended. 


The  Rules  of  Discipline. 


Discipline  is  such  an  important  function  of 
church  courts  that  a  special  treatment  of  it  and 
specific  regulations  of  it  are  deemed  necessary  in 
the  Constitution  of  this  Church. 

After  a  chapter  of  preliminary  definitions,  and 
a  chapter  concerning  the  discipline  of  non-commu- 
nicating members,  these  Eules  contain,  first,  three 
chapters  on  the  Principles  underlying  Judicial 
Procedure:  one  treating  of  Offences;  one  of  the 
Censures  that  may  be  used  upon  Offenders;  and 
one  on  the  Parties  in  cases  of  Process.  In  the 
second  place,  there  follow  Regulations  concerning 
Process.  In  four  chapters  are  Regulations  gov- 
erning the  Conduct  of  Process:  one  containing 
General  Provisions;  two  containing  Special  Pro- 
visions pertaining  to  Process  before  Sessions,  and 
to  Process  before  Presbyteries ;  and  one  on  Evi- 
dence. Then  are  two  chapters  on  Administration 
of  Censures ;  one  on  their  Infliction,  and  one  on 
their  Removal.  And  there  is  appended  a  chapter 
on  Cases  w^ithout  Process.  Following  these  two 
parts,  the  one  on  Principles  and  the  other  on  Pro- 
cess in  the  courts  of  Original  Jurisdiction,  comes 
the  third  part  of  the  Rules,  which  defines  exactly 
the  Jurisdiction  of  the  various  courts,  and  in  which 
is  much  matter  that  might  as  well  have  been  put  in 
the  Form  of  Government.  This  part  has  three 
chapters:  one  on    appellate   jurisdiction;   one  on 

170 


143,  144  Chap.  I.,  Pars.  1,  2.  171 

substitutes  for  carrying  an  issue  to  a  higher  court ; 
and  one  on  the  determination  of  the  jurisdiction  to 
which  any  given  person  is  subject. 


CHAPTEK  I. 

Of  Discipline — Its  Nature,  Subjects,  and  Ends. 

The  first  paragraph  defines  discipline ;  the 
second  specifies  its  subjects;  and  the  other  two 
treat  of  the  ends  of  discipHne,  one  especially  of 
the  ends  of  the  one  kind  of  discipline,  and  the 
other  of  the  ends  of  discipline  in  general. 

148. — I.  Discipline  is  the  exercise  of  that  authority  and  the 
application  of  that  system  of  laws  which  the  Lord  Jesus  Christ 
has  appointed  in  his  Church.  The  term  has  two  senses :  the 
one  referring  to  the  whole  government,  inspection,  training, 
guardianship,  and  control  which  the  Church  maintains  over 
its  members,  its  officers,  and  its  courts ;  the  other  a  restricted 
and  technical  sense,  signifying  judicial  prosecution. 

It  is  noticeable  that  technical  discipline  is  simply 
a  means  or  form  of  discipline  in  the  larger  sense, 
and  that  it  includes  all  the  parts  of  judicial  prose- 
cution, as  well  as  the  infliction  and  removal  of  cen- 
sures. 

144. — II.  In  the  one  sense,  all  baptized  persons,  being 
members  of  the  Church,  are  subject  to  its  discipline  and  enti- 
tled to  the  benefits  thereof ;  but  in  the  other,  it  refers  only  to 
those  who  have  made  a  profession  of  their  faith  in  Christ, 

The  exception  of  non-professing  members  from 
judicial  prosecution  is  justified  by  the  considera- 
tion that  the  Church,  already  excluding  them  from 
the  Lord's  supper  for  not  accepting  and  professing 
Christ,  has  no  higher  censure  to  inflict.  The  sub- 
jection of  them  to  judicial  process  for  other  sins 


172  Chap.  I.,  Pars.  3,  4.  146,  146 

would  only  irritate  them  and  exaggerate  the  hein- 
ousness  of  other  sins  as  compared  with  not  accept- 
ing Christ. 

145. — III.  The  ends  of  discipline,  as  it  involves  judicial 
prosecution,  are  the  rebuke  of  offences,  the  removal  of  scandal, 
the  vindication  of  the  honor  of  Christ,  the  promotion  of  the 
purity  and  general  edification  of  the  Church,  and  the  spiritual 
good  of  offenders  themselves. 

These  five  ends  run  into  each  other.  Judicial 
prosecution  always  aims  at  the  rebuke  of  offences, 
if  offences  are  found  to  exist;  at  the  removal 
of  the  scandal  of  supposed  offences,  either  by 
ascertaining  their  non-existence,  or  by  rebuking 
them  if  they  do  exist;  at  the  vindication  of  the 
honor  of  Christ  by  his  Church's  thus  clearing 
itself  of  approving  or  allowing  the  offences;  and 
at  the  purity  and  general  edification  of  the 
Church  by  separating  offenders,  and  by  teaching 
in  this  particular  way.  But  always  it  aims,  too, 
at  the  good  of  offenders  themselves,  by  leading 
them  to  forsake  their  sins,  so  long  as  there  is  hope 
of  their  reformation.  But  their  good  is  not  the 
sole  end  of  discipline,  and  other  ends  may  demand 
discipline  where  there  is  no  hope  of  doing  the  of- 
fender good. 

146. — IV.  The  power  which  Christ  has  given  to  the  rulers 
of  his  Church  is  for  edification,  and  not  for  destruction ;  it  is  a 
dispensation  of  mercy,  and  not  of  wrath.  As  in  the  preaching 
of  the  Word  the  wicked  are  doctrinal ly  separated  from  the 
good,  so  by  discipline,  the  Church  authoritatively  separates 
between  the  holy  and  the  profane.  In  this  it  acts  the  part  of 
a  tender  mother,  correcting  her  children  for  their  good,  that 
every  one  of  them  may  be  presented  faultless  in  the  day  of  the 
Lord  Jesus. 

This  paragraph  speaks  of  discipline  in  general, 
and  not  of  technical  discipline  alone.     The  holy 


146  Chap.  I.,  Par.  4.  173 

are  all  consecrated  persons,  whether  by  reason  of 
the  consecration  of  themselves  of  their  own  free- 
will, or  by  reason  of  their  standing  in  a  sacred  re- 
lation through  their  connection  with  others,  as 
children  with  their  parents;  and  those  who  have 
once  become  holy  are,  by  the  discipline  of  the 
church,  in  both  its  aspects  as  defined  in  paragraph 
143,  separated  from  the  profane — that  is,  from 
those  who  are  not  thus  holy — unless  and  until 
such  persons,  by  their  own  actual  rebellion  against 
Christ,  and  by  violation  of  their  sacred  obligations, 
show  that  they  belong  among  the  profane.  The 
baptized  child  is  thus  classed  as  holy,  and  is  so 
treated;  and  yet,  as  it  grows  up  and  neglects  to 
acknowledge  Christ,  it  is  not  admitted  to  the  mofet 
sacred  intimacy  of  fellowship  at  the  Lord's  table. 
If  those  persons  who  have  been  admitted  into  the 
number  of  the  holy  in  the  fullest  ecclesiastical 
sense  show  that  they  really  do  not  belong  there, 
discipline  puts  them  in  their  proper  class.  All  the 
steps  toward  the  admission  to  full  membership,  or 
toward  exclusion  from  it,  are  in  the  nature  of  sepa- 
ration between  the  holy  and  the  profane.  The 
Church  is  not  a  society  of  "good"  people  in  con- 
trast with  "wicked"  people  (for  its  infant  members 
are  not  of  either  class),  but  the  society  of  "holy" 
people;  and  the  obscuring  or  the  effacement  of 
this  distinction  is  the  obscuring  or  effacement  of 
the  distinction  between  the  people  of  God  and  the 
people  of  the  world,  and  is  fatal,  in  its  tendency, 
to  the  distinct  existence  of  the  Church.  The  main- 
tenance of  the  holiness  of  the  Church,  which  is  the 
very  essence  of  its  character,  is  not  in  order  to  de- 
stroy her  children,  but  in  order  to  save  them ;  for 


174  Chap.  II.,  Par.  1.  147 

the  purity  of  the  Church  as  a  holy  society  is  in 
order  to  its  efficiency  as  the  instrumental  agency 
of  salvation. 


CHAPTEE  II. 

Of  the   Discipline   of  Non- Communicating 
Members. 

After  stating  the  obligations  of  parents  to  chil- 
dren in  the  Church,  in  the  first  paragraph,  the  rest 
of  the  chapter  has  to  do  with  the  duty  of  the 
Church,  as  such:  first,  to  instruct  her  children; 
second,  to  recognize  or  to  plead  with  them  on  their 
arrival  at  years  of  discretion  ;  and  third,  to  continue 
to  seek  them.  A  paragraph  is  appended  to  deter- 
mine as  to  the  jurisdiction  of  what  particular  church 
given  non-communicating  members  belong. 

147. — I.  The  oversight  of  the  children  of  the  Chuich  is 
committed  by  God  primarily  to  believing  parents,  who  are  re- 
sponsible to  the  Church  for  the  faithful  discharge  of  this  duty. 
The  responsibility  of  parents  continues  during  the  minority  of 
their  children,  and  extends  to  all  such  conduct  contrary  to  the 
purity  and  sobriety  of  the  gospel  as  parents  may  and  ought  to 
restrain  and  control. 

This  paragraph  defines,  not  the  full  responsibility 
of  parents  to  God,  but  their  responsibility  to  the 
Church,  for  the  behavior  of  their  children ;  and 
while  judicial  prosecution  may  not  be  had  of  non- 
communicating  children,  it  may  be  had  of  their 
communicating  parents  for  such  conduct  of  their 
children  contrary  to  the  purity  and  sobriety  of  the 
gospel  as  parents  may  and  ought  to  restrain  and 
control. 


148,  149  Chap.  II.,  Pars.  2,  3.  175 

148. — II.  The  Church  should  make  special  provision  for 
the  instruction  of  its  youth  in  the  doctrines  of  the  Bible  as  set 
forth  in  the  Catechisms.  Hence,  church  Sessions  ought  to 
establish,  under  their  own  authority,  Bible  classes  and  Sab- 
bath-schools for  this  object,  or  to  adopt  such  other  methods  as 
shall  secure  the  same  end. 

(Cf.  67 :  8.)  It  is  noticeable  that  the  Catechisms 
(and  not  the  Shorter  Catechism  only)  are  to  be 
taught  to  the  children  of  the  Church ;  and  the  Ses- 
sion of  each  church  should  see  that  this  is  done. 
And  somehow  there  should  be  a  difference  between 
the  children  of  the  Church  and  other  children. 

149. — III.  When  the  children  of  the  Church  arrive  at  years 
of  discretion,  they  are  bound  to  discharge  all  the  duties  of 
church  members.  If  they  give  evidence  of  saving  faith  in 
"Christ,  together  with  a  correct  walk  and  conversation,  they 
should  be  informed  that  it  is  their  privilege  and  duty  to  make 
a  profession  of  faith  in  Christ,  and  to  come  to  his  table. 
If  they  exhibit  a  wayward  disposition,  and  associate  them- 
selves with  the  profane,  the  Church  should  still  cherish  them 
in  faith,  and  ought  to  use  all  such  means  as  the  Word  of  God 
warrants  and  the  Christian  prudence  of  church  officers  shall 
dictate  for  reclaiming  them,  and  bringing  them  to  appreciate 
their  covenant  privileges  and  to  discharge  their  covenant  obli- 
gations. 

(Cf.  29.)  It  is  not  contemplated  that  the  indi- 
vidual child  will  first  ask  admission  to  the  Lord's 
table,  but  that  the  Pastor  or  other  representative 
of  the  Session  will  inform  the  child  that  the  Ses- 
sion advises  it  of  its  privilege  and  duty.  At  the 
same  time,  although  there  should  be  evidence  of 
saving  faith,  but  such  behavior  as  would  call  for 
censure  of  a  communicating  member,  the  child  is 
not  to  be  thus  advised.  Yet  all  proper  means  are 
to  be  used  to  bring  even  the  most  wayward  to  ful- 
fill their  covenant  obligations.  The  theory  lying 
back  of  this  paragraph  is,  that  the  children  of  the 
Church  will,  normally,  as  they  grow  into  responsi- 


176         Chap.  II.,  Pars.  4,  5 ;  Chap.  III.     150,  151 

ble  persons,  find  themselves  having  faith  in  Christ 
and  Uving  in  obedience  to  him;  and  that,  where 
this  result  does  not  appear,  the  church  and  the 
parents  should  be  filled  with  solicitude  to  bring 
them  to  this  personal  submission,  working  in  the 
expectation  that  God  will  effectually  call  them. 

150. —IV.  Those  adult  non-communicating  members  who 
submit  with  meekness  and  gratitude  to  the  government  and 
instruction  of  the  Church,  are  entitled  to  special  attention. 
Their  rights  under  the  covenant  should  be  frequently  and  fully 
explained,  and  their  duties  enforced  on  their  consciences;  they 
should  be  warned  of  the  sin  and  danger  of  neglecting  their 
covenant  obligations,  and  urged  by  the  mercies  of  Christ  to 
come  up  to  their  full  discharge. 

(Cf.  30.)  The  exemption  of  non- communicating 
members  from  judicial  prosecution  does  not  exempt 
the  Church  from  exercising  watchful  discipline  over 
them  in  other  forms  of  discipline ;  and  their  privi- 
lege and  obligation  a§  church  members  should  never 
be  lost  sight  of. 

151. — V.  All  non-communicating  members  shall  be  deemed 
under  the  care  of  the  church  to  which  their  parents  belong,  if 
they  live  under  the  parental  roof  and  are  minors ;  or  otherwise, 
under  that  of  the  church  where  they  reside,  or  with  which  they 
ordinarily  worship. 

When  their  parents  cease  to  be  responsible  to  the 
Church  (147)  for  their  conduct,  they  cease  to  be 
under  the  jurisdiction  of  their  parents'  church  as 
such. 


CHAPTER  III. 
Of  Offences. 

After   defining   offence  in   the   first   paragraph, 
offences  are  classified :  the  second  paragraph  spe- 


152  Chap.  III.,  Par.  1.  177 

cifying  what  is  common  to  tliem  all;  the  third,  the 
distinction  of  offences  into  two  classes  according 
to  the  persons  whom  they  injnre ;  and  tlie  fourth, 
their  distinction  into  two  classes  according  to  the 
persons  to  whom  they  are  known. 

152. — I.  An  offence,  the  proper  object  of  Judicial  process, 
is  anything  in  the  principles  or  practice  of  a  church  member 
professing  faith  in  Christ  which  is  contrary  to  the  Word  of 
God. 

The  meaning  is  not  that  there  ought  to  be  judicial 
prosecution  of  every  offence  in  every  instance,  this 
paragraph  not  being  intended  to  constrain  the 
court  to  prosecute  where  judicial  prosecution  is  not 
advisable;  but  the  meaning  is  that  there  may  be 
judicial  prosecution  for  any  principle  or  practice 
contrary  to  the  Word  of  God,  taking  away  from 
the  accused  every  plea  but  that  his  principle  or 
practice  is  not  contrary  to  the  Word  of  God.  What 
is  contrary  to  a  custom  of  the  Church,  or  to  some 
deliverance  of  a  church  court,  or  even  to  a  symbol 
of  doctrine  or  government,  is  not  an  offence  unless 
it  is  contrary  to  the  Word  of  God;  but  anything 
contrary  to  the  Word  of  God  is  an  offence.  Even 
to  this,  however,  there  is  one  practical  modifica- 
tion in  this  Church : 

The  Confession  of  Faith  and  the  Larger  and  Shorter  Cate- 
chisms of  the  Westminster  Assembly, 

slightly  amended,  cf.  141  and  remarks, 

together  with  the  formularies  of  government,  discipline  and 
worship,  are  accepted  by  the  Presbyterian  Church  in  the 
United  States  as  standard  expositions  of  the  teachings  of  Scrip- 
ture in  relation  to  both  faith  and  practice.  Nothing,  there- 
fore, ought  to  be  considered  as  an  offence,  or  admitted  as  a 
matter  of  accusation,  w^hich  cannot  be  proved  to  be  such  from 
Scripture,  as  interpreted  in  our  standards. 
12 


178  Chap.  III.,  Par.  1.  152 

To  the  general  statement  that  our  courts  may  treat 
anything  contrary  to  the  Scriptures  as  an  offence, 
there  is  the  exception  of  that  which,  though  con- 
trary to  the  Scriptures,  is  not  contrary  to  the 
standards.  This  is  on  the  ground  that  the  Church 
is  restrained  by  her  covenant  with  all  her  members 
in  the  Constitution.  If  it  be  objected  that  then 
the  Church  thus  cuts  herself  off  from  obeying 
Christ  by  enforcing  his  law  in  every  part  of  it,  the 
answer  is,  that  the  Church  retains  the  liberty  of 
amending  her  standards  so  as  to  make  them  exact 
and  complete,  if  at  any  time  she  should  discover 
any  error  or  defect  in  them. 

But  if  she  should  be  on  the  point  of  judicially 
prosecuting  for  something  contrary  to  the  stand- 
ards indeed,  but  not  to  the  Word  of  God,  she  must 
not  enforce  the  standards  as  law  rather  than. the 
Scriptures;  for  only  the  Scripture  is  law  in  this 
Church.  (Cf.  pars.  9,  10,  17, 19,  60,  the  first  ques- 
tion in  112,  119  and  135,  and  many  other  passages 
in  the  Book  of  Church  Order  as  well  as  in  the  doc- 
trinal standards.)  In  human  government,  whe^'e 
the  legislature  is  as  fallible  as  the  judiciary,  the 
interpretation  of  the  law  by  courts  may  be  treated 
as  itself  law,  within  certain  limitations ;  but  not  in 
the  Church,  whose  law,  the  Scriptures,  is  infallible, 
but  whose  standard  interpretation,  the  symbols 
of  doctrine  and  order,  are  fallible.  If  it  be 
said  that  the  Constitution  is  a  covenant,  and 
that  by  its  acceptance  we  are  all  bound  to  treat  its 
interpretation  of  the  Word  as  being  the  Word  of 
God,  the  answer  is  threefold.  The  members  gen- 
erally have  not  accepted  this  Constitution  in  the 
same  comprehensive  sense  as  the  officers,  and  have 


152  Chap.  III.,  Par.  1.  179 

not  even  been  asked  whether  they  accept  our  doc- 
trinal standards  as  containing  the  system  of  doc- 
trine taught  in  the  Scriptures,  or  whether  they 
approve  the  government  and  discipHne;  and  yet 
the  definition  of  an  offence  is  the  same  for  un- 
official as  for  official  members.  In  the  second 
place,  the  officers  have  accepted  the  standards  as 
fallible  and  amendable,  over  against  the  Scriptures 
as  infallible  and  incapable  of  amendment ;  and  this 
vow  of  belief  can  bind  no  Presbyter  to  find  any  one 
guilty  of  an  offence,  of  a  sin  against  God  (153),  be- 
cause of  something  which  the  Presbyter  believes 
not  contrary  to  Scripture.  And  in  the  third  place, 
the  Constitution  subordinates  itself  to  the  Scrip- 
tures, and  it  would  be  disloyalty  to  the  Constitu- 
tion itself  to  let  it  displace  the 'Scriptures  in  con- 
trolling one's  thinking  or  action.  The  Constitution 
is  not  afraid  to  be  thus  brought  back  continually 
to  the  very  Word  of  God ;  thus  v>^ill  its  scriptural- 
ness  become  more  and  more  manifest. 

The  form  of  indictment  is  not  treated  or  pre- 
scribed in  this  paragraph,  but  the  principle  is  laid 
down  in  this  and  in  the  following  paragraph,  that 
an  offence  is  something  contrary  to  the  Word  of 
God,  a  sin  against  God;  and  "the  Supreme  Judge, 
by  which  all  controversies  of  religion  are  to  be  de- 
termined, and  all  decrees  of  councils,  opinions  of 
ancient  writers,  doctrines  of  men,  and  private 
spirits,  are  to  be  examined,  and  in  whose  sentence 
we  are  to  rest,  can  be  no  other  but  the  Holy  Spirit 
speaking  in  the  Scriptures."  (Confession  of  Faith, 
Chap.  I.,  Par.  10.)  And  it  is  unconstitutional  to 
make  the  Constitution,  which  is  itself  decrees  of 


180  Chap.  III.,  Par.  2.  153 

councils,  the  supreme  judge  in  controversies  that 
involve  judicial  prosecution. 

At  the  same  time  if  one  holds  an  interpretation 
of  the  Scriptures  different  from  that  of  the  Church 
as  expressed  in  her  standards,  and  fails- to  convince 
the  courts  of  the  Church  that  her  interpretation  is 
error  (as,  of  course,  he  most  probably  will  fail), 
he  must  not  expect  the  court  to  judge  him  ac- 
cording to  his  interpretation.  As  long  as  his  ordi- 
nation vows  are  fulfilled  in  his  own  conscience,  he 
need  not,  from  his  point  of  view,  surrender  any- 
thing that  he  has  received  from  the  Church  upon 
taking  those  vows ;  but  if,  from  change  of  views, 
or  from  any  cause,  he  ceases  to  fulfill  those  vows, 
he  must,  as  a  covenant-keeper,  stand  ready  to  sur- 
render whatever  dignity  he  got  in  the  Church  by 
making  the  vows.  No  man  can,  by  vows  of  any 
sort,  make  it  his  duty  to  disbelieve  the  Word 
of  God,  or  to  disobey  his  commandments ;  but  no 
man  has  a  right  to  obtain  any  honor  in  an  organi- 
zation upon  condition  of  certain  promises,  and  then 
insist  on  retaining  it  while  breaking  those  prom- 
ises. When  the  individual  and  the  Church  differ 
on  the  question  whether  he  is  fulfilling  his  vows, 
each  party  must  decide  and  act,  knowing  that  Christ 
is  the  only  Lord.  Yet  both  parties,  and  no  less 
the  individual  than  the  Church,  must  remember 
that  to  maintain  the  truth  of  Christ,  in  way  and 
temper  contrary  to  Christ,  is  to  misrepresent,  and, 
it  may  be,  to  betray  his  truth. 

153.— II.  Offences  are  either  personal  or  general,  private  or 
public,  but  all  of  them  being  sins  against  God,  are,  therefore, 
grounds  of  discipline. 

The  meaning  is  not  that  every  offence  should  be 


154-'6Chap.IIL,Paks.3,4;  Chap.  IV.,  Par.  1.  181 

judicially  prosecuted,  for  judicial  prosecution  is  not 
the  only  method  of  discipline,  nor  is  the  only  end 
of  judicial  prosecution  the  rebuke  of  offences ;  but 
the  meaning  is,  that  the  real  ground  of  discipline 
is  that  the  offence  is  a  sin  against  God,  and  not  its 
mere  relation  to  the  rights  or  knowledge  of  men. 

154.— III.  Personal  offences  are  violations  of  the  Divine 
law,  considered  in  the  special  relation  of  wrongs  or  injuries  to 
particular  individuals.  General  offences  are  heresies,  or  im- 
moralities, having  no  such  relation,  or  considered  apart  from  it. 

One  may  not  plead  that  his  offence  was  against  a 
particular  individual,  and  that  for  this  reason  the 
Church  should  not  intermeddle  in  the  matter ; ,  nor 
that  his  offence  is  not  a  wrong  to  any  one,  and  that 
for  this  reason  the  courts  should  not  intervene. 
The  Church  is  enforcing  Divine  law,  and  not  pro- 
tecting personal  rights. 

155. — IV.  Private  offences  are  those  which  are  known  only 
to  a  few  persons.  Public  offences  are  those  which  are  noto- 
rious. 

The  offender  cannot  plead  that  his  offence  should 
be  overlooked  because  it  is  of  either  sort. 


CHAPTER  IV. 

Of  Church  Censures. 

The  first  paragraph  classifies  the  censures  that 
may  be  inflicted,  and  the  remainiug  paragraphs 
define  each  sort  of  censure. 

156. — I.  The  censures  which  may  be  inflicted  by  church 
courts  are  admonition,  suspension,  excommunication,  and  de- 
position. When  a  lower  censure  fails  to  reclaim  the  delin- 
quent, it  may  become  the  duty  of  the  court  to  proceed  to  the 
infliction  of  a  higher  censure. 


182  Chap.  IY.,  Pars.  2,  3.  157,  158 

When  such  becomes  its  duty,  the  court  must  deter- 
mine in  each  case,  having  regard  to  the  principle 
that  no  censure  is  to  be  administered  except  upon 
conviction  by  process,  or  upon  acknowledgment  of 
guilt. 

157. — II.  Admonition  is  the  formal  reproof  of  an  offender 
by  a  church  court,  warning  him  of  his  guilt  and  danger,  and 
exhorting  him  to  be  more  circumspect  and  watchful  in  the 
future. 

Admonition  does  not  impair  the  offender's  ecclesi- 
astical standing,  and  as  soon  as  the  admonition 
has  been  inflicted,  he  is  no  longer  under  censure, 
and  he  cannot  be  censured  again  unless  after 
another  conviction  or  confession.  Should  one 
convicted  of  an  offence  and  sentenced  to  admoni- 
tion refuse  to  receive  the  admonition  and  do  not 
appeal  (par.  255),  the  court  may  not  change  the 
sentence  and  inflict  another  censure  without  first 
finding  him  guilty,  in  a  regular  way,  of  an  offence 
in  refusing  to  hear  the  censure.  Admonition  may 
be  conjoined  with  other  censure. 

158. — III.  Suspension,  with  respect  to  cJiurch  members,  is 
their  temporary  exclusion  from  sealing  ordinances;  with  re- 
spect to  church  officers,  it  is  their  temporary  exclusion  from 
the  exercise  of  their  office.  It  may  be  either  definite  or  indefi- 
nite as  to  its  duration.  Definite  suspension  is  administered 
when  the  credit  of  religion,  the  honor  of  Christ,  and  the  good 
of  the  delinquent  demand  it,  even  though  he  may  have  given 
satisfaction  to  the  court.  Indefinite  suspension  is  the  exclu- 
sion of  an  offender  from  sealing  ordinances,  or  from  his  office, 
until  he  exhibit  signs  of  repentance,  or  until,  by  his  conduct, 
the  necessity  of  the  highest  censure  be  made  manifest. 

The  sealing  ordinances  are  baptism  and  the  Lord's 
supper ;  and  exclusion  from  them  is  the  exclusion 
of  him  from  partaking  of  the  Lord's  supper  himself 
and  from  having  his   children  baptized  upon  his 


159  Chap.  IV.,  Par.  4.  183 

profession  of  faith.  His  child  might  be  baptized 
while  he  is  under  censure  upon  the  faith  of  the 
other  parent. 

The  language  requires  that  three  conditions  must 
exist  before  definite  suspension  is  inflicted:  that 
the  credit  of  religion,  the  honor  of  Christ,  and  the 
good  of  the  delinquent  demand  it..  Definite  sus- 
pension terminates  at  the  time  set,  without  formal 
act ;  and  the  suspended  person,  being,  no  longer 
under  censure,  resumes  his  use  of  the  sealing  ordi- 
nances or  of  his  office.  Definite  suspension  may- 
be inflicted  whether  the  offender  has  given  satis- 
faction to  the  court  or  not ;  as  when,  for  instance, 
the  censured  is  not  convinced  in  his  own  con- 
science of  sin,  and  the  court  is  not  willing  either 
to  indefinitely  suspend  or  to  stop  with  mere  ad- 
monition. 

A  person  under  indefinite  suspension  may  be 
excommunicated  or  deposed,  without  another  trial, 
whenever  it  shall  seem  necessary  to  the  court  to 
proceed  so  far. 

In  the  case  of  officers,  suspension  from  sealing 
ordinances  and  suspension  from  office  may  be  con- 
joined, or  suspension  from  office  may  be  inflicted 
without  the  other. 

159. — IV.  Excommunication  is  the  excision  of  an  offender 
from  the  communion  of  the  Church.  This  censure  is  to  be  in- 
flicted only  on  account  of  gross  crime  or  heresy,  when  the  of- 
fender shows  himself  incorrigible  and  contumacious.  The  de- 
sign of  this  censure  is  to  operate  on  the  offender  as  a  means  of 
reclaiming  him,  to  deliver  the  Church  from  the  scandal  of  his 
offence,  and  to  inspire  all  with  fear  by  the  example  of  his  disci- 
pline. 

One  might  be  incorrigible  in  the  sense  that  he  can- 
not be  convinced  of  his  error,  and  at  the  same 


184  Chap.  IY.,  Par.  5,  Chap.  V.  160 

time  show  no  contumaciousness ;  such  a  one  is  not 
to  be  excommunicated.  And  since  this  censure  is 
to  be  inflicted  only  in  the  case  of  gross  crime  or 
heresy,  and  indefinite  suspension  from  the  sacra- 
ments is  expected  to  issue  in  excommunication  or 
repentance,  courts  should  be  careful  not  to  inflict 
this  suspension  except  for  gross  crime  or  heresy. 

160. — V.  Deposition  is  the  degradation  of  an  officer  from 
his  office,  and  may  or  may  not  be  accompanied  with  the  inflic- 
tion of  other  censm^e. 

Courts  should  be  careful  not  to  suspend  indefi- 
nitely from  office  unless  in  cases  in  which  deposi- 
tion should  follow  if  there  is  not  repentance. 


CHAPTEK  Y. 

Of  the  Parties  in  Cases  of  Process. 

Process  is  a  technical  term  for  the  whole  proce- 
dure from  the  determination  of  the  court  to  put  on 
trial  to  the  end  of  the  trial  in  sentence. 

The  first  paragraph  states  what  courts  may  try 
causes;  the  second,  within  what  limitations  the 
court  itself  may  appoint  a  prosecutor ;  the  third, 
which  is  the  heart  of  the  chapter,  who  are  the 
"parties";  the  fourth,  what  shall  be  the  form  of 
indictment ;  the  fifth,  who  may  not  become  prose- 
cutor of  personal  or  private  offences;  the  sixth, 
the  absence  of  these  limitations  in  the  case  of  gen- 
eral offences ;  the  seventh,  what  special  limitation 
the  court  may  put  upon  itself  before  instituting 
process ;  the  eighth,  what  cautions  the  court  should 
observe  against  receiving  accusations;  the  ninth, 


161,  162  Chap.  V.,  Pars.  1,  2.  185 

what  warnings  should  be  given  to  voluntary  prose- 
cutors; the  tenth,  what  is  the  status  of  an  officer 
pending  process  over  him ;  and  the  eleventh,  what 
are  the  rights  of  the  accused  pending  process.  The 
parties  being  the  Church  and  the  accused,  the 
chapter  shows  how  the  Church  may  come  to  stand 
as  accuser  in  a  prosecutor,  the  responsibilities  of 
the  court  and  the  prosecutor,  and  the  status  of  the 
accused. 

161 — I.  Original  jurisdiction  in  relation  to  Ministers  of  the 
Gospel  pertains  exclusively  to  the  Presbytery  (62  and  77),  and 
in  relation  to  other  church  members  to  the  Session  (62  and  67), 
unless  the  Session  shall  be  unable  to  try  the  person  or  persons 
accused,  in  which  case  the  Presbytery  shall  have  the  right  of 
jurisdiction  (77 :  2). 

Yet  a  Presbytery  for  a  Session,  or  a  Synod  for  a 
Presbytery,  may  try  a  cause  upon  reference  from 
the  lower  court  (247-254). 

162. — II.  It  is  the  duty  of  all  church  Sessions  and  Presby- 
teries to  exercise  care  over  those  subject  to  their  authority; 
and  they  shall,  with  due  diligence  and  great  discretion,  demand 
from  such  persons  satisfactory  explanations  concerning  reports 
affecting  their  Christian  character.  This  duty  is  more  impera- 
tive when  those  who  deem  themselves  aggrieved  by  injurious 
reports  shall  ask  an  investigation.  If  such  investigation,  how- 
ever originating,  should  result  in  raising  a  strong  presumption 
of  the  guilt  of  the  party  involved,  the  court  shall  institute 
process,  and  shall  appoint  a  prosecutor  to  prepare  the  indict- 
ment and  to  conduct  the  case.  This  prosecutor  shall  be  a 
member  of  the  court,  except  that,  in  a  case  before  the  Session, 
he  may  be  any  communicating  member  of  the  same  congrega^ 
tion  with  the  accused. 

The  phrase,  "  with  due  diligence  and  great  dis- 
cretion," qualifies  the  imperative  "shall  demand" 
to  this*  extent,  that  the  court  may,  for  satisfactory 
reasons,  omit  such  demand  in  some  cases  when 
there  are  injurious  reports ;  but  only  for  extreme 


186  Chap.  V.,  Par.  2.  162 

reasons  would  a  court  be  justified  in  refusing  a 
request  for  an  investigation,  if  made  by  a  party 
claiming  to  be  aggrieved  by  injurious  reports.  The 
principle,  however,  remains,  that  the  court  is  bound 
to  preserve  the  honor  of  religion  (173)  at  what- 
ever cost;  and  it  cannot  but  fail  of  its  most  im- 
portant function  as  a  court  of  the  Lord  Jesus 
Christ,  if  it  does  not  use  its  power  of  discipline  to 
preserve  the  Church.  But  it  is  the  court  itself, 
and  not  any  individual,  that  determines,  in  every  in- 
stance, whether  there  shall  be  an  investigation. 

When,  however,  the  court,  by  committee  or 
otherwise,  makes  a  demand  or  begins  an  inquiry, 
the  object  of  such  demand  or  inquiry  being  to  de- 
termine whether  there  is  ground  of  vindication  or 
of  instituting  process,  then  "investigation"  has 
originated  (and  investigation  may  originate  and 
conclude  at  the  same  meeting,  or  even  at  the  same 
session,  of  the  court). 

And  after  an  investigation  is  once  originated, 
the  court  no  longer  has  discretion  not  to  institute 
process,  if  the  investigation  results  in  raising 
a  strong  presumption  of  the  guilt  of  the  accused. 
It  appears,  then,  that,  after  an  ^  investigation, 
the  court  must  always  institute  process,  except 
where  the  court  judges  that  the  investigation 
fails  to  result  in  raising  a  strong  presumption 
of  guilt,  and,  of  course,  the  court  may  institute 
process,  even  when  the  members  of  the  court 
believe  that  there  is  no  guilt,  if  they  are  persuaded 
that  this'  is  desirable  for  the  vindication  of  inno- 
cence or  for  other  reasons.  The  sum  of  the  matter 
is,  that  the  court  has  unlimited  discretion  (subject, 
as  in  all  matters,  to  the  review  of  higher  courts), 


163  Chap.  V.,  Par.  3.  187 

only  that  it  has  not  discretion  to  raise  by  investi- 
gation a  strong  presumption  of  guilt  and  then  not 
institute  process.  A  strong  presumption  means  a 
belief  by  the  members  of  the  court  that  evidence 
as  then  known  to  them  would  indicate  that  guilt 
probably  exists,  unless  evidence  to  the  contrary 
can  be  produced  not  then  known  to  them. 

The  court  institutes  process  by  appointing  a 
prosecutor.  It  is  the  duty  of  the  prosecutor  thus 
appointed  to  prepare  the  indictment  and  to  con- 
duct the  case  ;  that  is,  the  court,  after  the  appoint- 
ment of  the  prosecutor,  is  simply  a  judge,  and  the 
whole  responsibility  of  representing  the  Church  as 
an  accuser  is  on  the  prosecutor.  This  appointed 
prosecutor  must  be  a  member  of  the  court,  or,  in 
the  case  of  the  Session,  a  communicating  member 
in  good  standing  in  its  church. 

163. — III.  The  original  and  only  parties  in  a  case  of  process 
are  the  accuser  and  the  accused.  The  accuser  is  always  the 
Presbyterian  Church  in  the  United  States,  whose  honor  and 
purity  are  to  be  maintained.  The  prosecutor,  whether  volun- 
tary or  appointed,  is  always  the  representative  of  the  Church, 
and  as  such  has  all  its  rights  in  the  case.  In  appellate  courts 
the  parties  are  known  as  appellant  and  appellee. 

The  original  parties  are  the  only  parties ;  for  the 
parties  are  not  changed  by  the  transference  of  the 
cause  from  court  to  court.  In  the  appellate  courts 
the  party  appealing  is  to  be  known  as  the  appel- 
lant, and  the  other,  the  appellee ;  but  in  the  court 
of  original  jurisdiction,  the  parties  are  known  as 
accuser  and  accused.  The  accuser  is  always  the 
Church ;  for  whether  the  court  appoints  a  prose- 
cutor, or  accepts  as  prosecutor  some  one  volunteer- 
ing to  act  as  prosecutor,  the  prosecutor  is,  by  that 
appointment  or  acceptance,  made  the  representa- 


188  Chap.  V.,  Pars.  4,  5.  164,  165 

tive  of  the  Church.  Henceforth  the  prosecutor 
represents  the  Church  as  accuser;  the  court,  as 
judge.  Of  course,  the  court  may  change  the  per- 
sonnel of  the  prosecutor  pending  the  process,  and 
the  prosecutor  may  be  more  than  one  individual. 
Since  the  prosecutor  represents  the  Church  as 
accuser,  having  the  same  rights  and  responsibilities 
whether  appointed  or  voluntary,  he  cannot  sit  as  a 
judge  pending  the  process.  He  therefore  has  no 
vote  in  the  court,  pending  the  process,  on  any 
question  relating  thereto. 

164. — IV.  Every  indictment  shall  begin:  "In  the  name  of 
the  Presbyterian  Church  in  the  United  States,"  and  shall  con- 
clude :  "against  the  peace,  unity  and  purity  of  the  Church,  and 
the  honor  and  majesty  of  the  Lord  Jesus  Christ  as  the  King 
and  Head  thereof."  In  every  case  the  Church  is  the  injured 
and  accusing  party  versus  the  accused. 

This  last  sentence  must  hold,  even  when  the  court 
accepts  a  voluntary  prosecutor  prosecuting  a  per- 
sonal offence  against  himself.  His  acceptance  by 
the  court  of  this  Church  constitutes  him  the  repre- 
sentative of  the  Church ;  hence  the  form  prescribed 
for  the  beginning  of  every  indictment.  The  form 
prescribed  for  the  ending  of  every  indictment 
shows  that  the  Church  herself  has  no  rights  except 
as  united  with  her  King  and  Head.  It  matters 
not  what  specifications,  or  what  references  to  the 
standards  or  to  the  Scriptures,  may  or  may  not 
come  in  the  body  of  the  indictment,  the  indictment 
must  assert  that  the  thing  charged  is  a  sin  against 
Christ. 

165.— V.  An  injured  party  shall  not  become  a  prosecutor  of 
personal  offences  without  having  tried  the  means  of  reconcilia- 
tion and  of  reclaiming  the  offender,  required  by  Christ :  ' '  More- 
over, if  thy  brother  trespass  against  thee,  go  and  tell  him  his 


166,  167         Chap.  V.,  Pars.  5,  6,  7.  189 

fault  between  thee  and  him  alone ;  if  he  shall  hear  thee,  thou 
hast  gained  thy  brother;  but  if  he  will  not  hear  thee,  then 
take  with  thee  one  or  more,  that  in  the  mouth  of  two  or  three 
witnesses  every  word  may  be  established."  (Matt,  xviii.  15, 
16.)  A  church  court,  however,  may  Judicially  investigate  per- 
sonal offences  as  if  general,  when  the  interests  of  religion  seem 
to  demand  it.  So,  also,  those  to  whom  private  offences  are 
known  cannot  become  prosecutors  without  having  previously 
endeavored  to  remove  the  scandal  by  private  means. 

Whether  the  person  proposing  to  act  as  voluntary 
prosecutor  shall  be  accepted  by  the  court  is  a  ques- 
tion on  which  the  accused  should  be  heard,  and  he 
should  be  allowed  to  introduce  evidence  that  the 
proposed  prosecutor  has  not  complied  with  the 
conditions  here  prescribed;  for  only  the  accused 
would  be  able  to  dispute  his  claim  that  he  had. 
And  courts  should  rigidly  inquire  whether  this 
condition  has  been  complied  with  before  accepting 
a  voluntary  prosecutor. 

166. — VI.  When  the  offence  is  general,  the  cause  may  be 
conducted  either  by  any  person  appearing  as  prosecutor,  or  by 
a  prosecutor  appointed  by  the  court. 

This  is  true  also  when  the  offence  is  personal,  the 
previous  paragraph  not  meaning  that  only  the  in- 
jured party  could  become  voluntary  prosecutor,  but 
that  he  could  not  without  previously  complying 
with  the  conditions.  This  limitation  applies  only 
to  the  injured  party. 

"Any  person"  must  be  limited  to  *'any  member 
of  the  Church  submitting  to  its  authority"  (267); 
for  certainly  no  other  could  i-epresent  the  Church 
and  have  all  its  rights  in  the  case.  But  the  ap- 
pointed prosecutor  must,  be  a  member  of  the  par- 
ticular church  or  of  the  court  (162). 

167. — VII.  When  the  prosecution  is  instituted  by  the  court, 
the  previous  steps  required  by  our  Lord  in  the  case  of  personal 


190  Chap.  V.,  Pars.  7,  8,  9.         168,  169 

offences  are  not  necessary.  There  are  many  cases,  however, 
in  which  it  will  promote  the  interests  of  religion  to  send  a  com- 
mittee to  confer  in  a  private  manner  with  the  offender,  and  en- 
deavor to  bring  him  to  a  sense  of  his  guilt,  before  instituting 
actual  process. 

And  the  principle  would  seem  to  require  this  to  be 
done  in  all  cases  where  the  offence  appears  to  have 
been  against  the  court,  or  its  members  as  such. 

168. — VIII.  Great  caution  ought  to  be  exercised  in  receiv- 
ing accusations  from  any  person  who  is  known  to  indulge  a 
malignant  spirit  towards  the  accused  •  who  is  not  of  good  char- 
acter; who  is  himself  under  censure  or  process;  who  is  deeply 
interested  in  any  respect  in  the  conviction  of  the  accused ;  or 
who  is  known  to  be  litigious,  rash,  or  highly  imprudent. 

This  makes  it  clear  that  the  court  is  not  obliged, 
either  itself  to  institute  process  by  appointing  a 
prosecutor,  or  to  order  the  beginning  of  process  by 
accepting  a  voluntary  prosecutor;  for,  since  the 
prosecutor  represents  the  Church,  it  is  a  serious 
matter  to  give  one  such  rights.  But  the  court 
may,  on  the  ground  of  accusations  brought  before 
it,  originate  an  investigation,  and  institute  process, 
without  appointing  as  prosecutor  him  who  volun- 
teers to  be  prosecutor.  The  court  is  not  bound  to 
assign  its  reasons  for  not  accepting  one  as  a  volun- 
tary prosecutor. 

169. — IX.  Every  voluntary  prosecutor  shall  be  previously 
warned,  that  if  he  fail  to  show  probable  cause  of  the  charges, 
ho  must  himself  be  censured  as  a  slanderer  of  the  brethren,  in 
proportion  to  the  malignity  or  rashness  manifested  in  the  pro- 
secution. 

This  warning  must  be  given  when  he  is  accepted 
as  prosecutor;  and  the  failure  of  the  court  to  in- 
stitute process  against  him  after  the  trial  is  over  is 
ipso  facto  acknowledgment  by  the  court  that  he 
did  show  the  probable  cause  here  required.     To 


170-'l   Chap.  Y.,  Pars.  10,  11;  Chap.  VI.         191 

sliow  probable  cause  means  to  show  thai  he  had 
probable  evidence  of  the  truth  of  the  charges  when 
he  undertook  the  prosecution. 

170  —X  When  a  member  of  a  church  court  is  under  pro- 
cess, ail  his  official  functions  may  be  suspended  at  its  discre- 
tion ;  but  this  shall  never  be  done  in  the  way  of  censure. 

This  is  a  particular  application  of  the  principle 
that  one  may  have  the  exercise  of  his  official  func- 
tions suspended  without  censure;  but  the  court, 
should  be  slow  to  do  this,  unless  prudence  requires 
it,  lest  it  work  to  the  prejudice  of  the  accused  or 
make  the  court  appear  precipitate. 

171  —XL  In  the  discussion  of  all  questions  arising  in  his 
own  case,  the  accused  shall  exercise  the  rights  of  defendant 
only,  not  of  Judge. 

(Cf.  rem.  under  163  as  to  the  prosecutor.)  No  one 
is  accused,  in  the  technical  sense  here  meant,  until 
the  court  has  determined  that  there  shall  be  pro- 
cess, otherwise,  a  designing  man  could  by  accusa- 
tion sift  the  court  to  suit  his  own  plans. 


CHAPTEK    VI. 

Of  General  Provisions  Applicable  to  all  Cases 
OF  Process. 

Twenty  provisions  are  given.  The  first  ten  look 
rather  to  the  protection  of  the  accused.  The  first 
two  guard  the  court  against  a  wrong  temper  in  con- 
ducting a  trial  or  commencing  a  process ;  the  other 
eight  require  sufficient  citations.  Paragraph  3  pre- 
vents undue  haste  at  the  beginning ;  the  fourth  gives 
the  accused,  as  well  as  the  other  party,  the  right  of 


192  Chap.  YL,  Par.  1.  172 

official  citation  of  all  witnesses  wanted;  the  fifth 
requires  the  indictment  to  be  definite;  the  sixth 
gives  the  accused  the  benefit  of  a  second  citation ; 
the  seventh  defines  more  closely  the  provision  of 
the  sixth ;  the  eighth  forbids  the  taking  of  evidence 
at  a  distance  without  reasonable  notice  to  the  ac- 
cused; the  ninth  protects  any  person  from  being 
put  on  trial  for  offences  alleged  to  have  been  com- 
mitted at  a  distance  without  due  investigation  and 
safeguards;  and  the  tenth  requires  that  the  cita- 
tions be  served  as  well  as  issued.  The  other  ten 
paragraphs  look  to  the  impartiality  and  fairness  of 
the  trial  after  the  issue  is  joined.  Paragraph  eleventh 
defines  the  functions  of  the  judicial  committee ;  the 
twelfth  requires  that  a  solemn  charge  be  made  to 
the  members  of  the  court  as  judges;  the  thirteenth 
lays  down  the  rule  for  the  examination  of  wit- 
nesses ;  the  fourteenth  prescribes  how  issues  arising 
in  the  course  of  the  trial  shall  be  settled ;  the  fif- 
teenth prescribes  the  order  of  procedure  in  the 
trial  of  a  cause  in  a  court  of  original  jurisdiction; 
the  sixteenth  lays  down  the  rule  to  govern  chal- 
lenges; the  seventeenth  states  some  requirements 
that  a  member  must  observe  or  lose  his  qualifica- 
tion for  continuing  as  a  judge  in  the  cause;  the 
eighteenth  defines  the  record  of  the  cause  and  its 
uses ;  the  nineteenth  gives  directions  as  to  counsel ; 
and  the  twentieth  states  and  limits  the  time  within 
which  process  must  begin.  These  general  regula- 
tions are  not  easily  mastered  and  remembered 
always,  but  the  observance  of  them  is  of  great 
importance. 

173. — I.    It  is  incumbent  on  every  member  of  a  court  of 
Jesus  Christ  engaged  in  a  trial  of  offenders,  to  bear  in  mind 


173  Chap.  YL,  Pars.  1,  2.  193 

the  inspired  injunction :  '*If  a  man  be  overtaken  in  a  fault,  ye 
which  are  spiritual  restore  such  an  one  in  the  spirit  of  meek- 
ness, considering  thyself,  lest  thou  also  be  tempted." 

The  trial  proper  begins  with  the  charge  of  the 
Moderator  to  the  court  (183),  while  the  process  be- 
gins with  the  determination  of  the  court  that  there 
shall  be  a  judicial  prosecution,  and  judicial  proce- 
dure begins  with  the  determination  of  the  court  to 
investigate;  but  this  principle,  while  especially  im- 
perative during  the  trial  proper,  applies  through- 
out the  whole  judicial  procedure,  as  indeed  in  all 
dealing  with  offenders. 

173.— II.  Process  against  an  offender  shall  not  be  com- 
menced unless  some  person  or  persons  undertake  to  make  out 
the  charge;  or  unless  the  court  finds  it  necessary,  for  the. 
honor  of  religion,  itself  to  take  the  step  provided  for  in  Chap- 
ter V. ,  paragraph  II. 

Since  an  offence  is  anything  in  principle  or  prac- 
tice contrary  to  the  Word  of  God,  who  of  us  is  not 
an  offender?  Were  it  a  duty  to  prosecute  every 
offender,  the  Church  would  have  no  time  or  strength 
for  anything  else.  Process  shall  not  commence 
unless  one  of  two  conditions  is  fulfilled.  The  one 
of  these  conditions  is,  that  some  person  or  persons 
volunteer  to  prosecute  in  spite  of  the  warning  in 
169  and  after  complying  (if  an  injured  party  or  one 
privy  to  a  private  offence)  with  165;  and  even 
then  the  court  may  decline  to  allow  process  to 
commence,  either  from  objection  to  the  voluntary 
prosecutor  (168),  or  because  the  thing  charged 
is  not  an  offence,  or  the  evidence  proposed  is 
seen  to  be  inadequate,  or  because  the  ends  of  disci- 
pline will  not  be  promoted  in  the  circumstances. 
The  other  of  these  conditions  is  that  the  court 
shall  find  it  necessary,  for  the  honor  of  religion,  to 
13 


194  Chap.  VI.,  Par.  3.  174 

take  the  step  provided  for  in  162.  This  phrase, 
"  the  honor  of  religion,"  is  not  to  be  pressed,  but 
is  to  be  taken  as  a  brief  equivalent  of  the  ends  of 
discipline  mentioned  in  145.  The  whole  tone 
of  these  Eules  is  evidently  this :  that  judicial  pro- 
secution is  not  to  be  originated,  either  by  a  court 
or  by  a  voluntary  prosecutor,  unless  the  honor  of 
religion  requires  this  step,  all  other  means  to  this 
end  having  been  first  exhausted ;  but  that  this 
means  is,  of  course,  to  be  resorted  to  when  the 
honor  of  religion  does  require  it,  the  honor  of  re- 
ligion to  be  preserved  at  every  cost.  And  the 
honor  of  religion  is  synonymous  with  the  holiness 
of  the  Church.     (Cf.  remarks  on  146.) 

174. — III.  When  a  charge  is  laid  before  the  Session  or  Pres- 
bytery, it  shall  be  reduced  to  writing,  and  nothing  shall  be 
done  at  the  first  meeting  of  the  court,  unless  by  consent  of 
parties,  except  to  appoint  a  prosecutor,  and  order  an  indict- 
ment to  be  drawn,  a  copy  of  which,  with  the  witnesses  then 
known  to  support  it,  shall  be  served  on  the  accused,  and  to 
cite  all  parties  and  their  witnesses  to  appear  and  be  heard  at 
another  meeting,  which  shall  not  be  sooner  than  ten  days  after 
such  citation;  at  which  meeting  of  the  court  the  charges  shall 
be  read  to  the  accused,  if  present,  and  he  shall  be  called  upon 
to  say  whether  he  be  guilty  or  not.  If  he  confess,  the  court 
may  deal  with  him  according  to  its  discretion;  if  he  plead  and 
take  issue,  the  trial  shall  proceed.  Accused  parties  may  plead 
in  writing  when  they  cannot  be  personally  present,  and  parties 
necessarily  absent  should  have  counsel  assigned  to  them. 

A  charge  may  be  laid  before  the  court  either  by 
a  person  proposing  to  be  a  voluntary  prosecutor, 
or  by  a  person  not  so  proposing,  or  by  the  court 
itself  at  the  conclusion  of  an  investigation.  The 
charge  may,  indeed,  be  first  presented  orally ;  but 
it  is  not  to  be  considered  as  laid  before  the  court 
until  the  court  has  possession  of  a  written  copy 
approved  by  the  party  that  lays  the  charge  before 


174  Chap.  YI.,  Par.  3.  195 

the  court.  The  "parties"  whose  consent  is  here 
spoken  of  are  the  Church  and  the  accused,  that  is, 
the  prosecutor  and  the  accused ;  and  hence  the 
question  of  this  consent  cannot  receive  answer 
until  after  the  prosecutor  has  been  appointed  or 
accepted.  With  the  consent  of  the  parties,  the 
whole  trial  may  be  concluded  at  that  meeting ;  but 
this  could  only  be  where  both  parties  were  then 
present,  and  all  the  witnesses.  Without  such  con- 
sent, only  two  things  may  be  done.  The  first  of 
these  is  "to  appoint  a  prosecutor,  and  order  the 
indictment  to  be  drawn  "  by  him  (cf.  162) ;  and  the 
second  is  "to  cite  all  parties  and  their  witnesses," 
that  is,  to  order  the  Moderator  or  the  Clerk  to 
issue  these  citations  (175).  The  citation  to  the 
accused  must  include  a  copy  of  the  indictment 
as  prepared  by  the  prosecutor.  He  may  prepare 
the  indictment,  and  furnish  a  copy  of  it  for  this 
purpose  to  whichever  officer  has  been  instructed 
to  issue  the  citation  to  the  accused,  after  the  meet- 
ing of  the  court  is  over ;  but  the  copy  of  the  cita- 
tion must  reach  the  hands  of  the  accused  in  due 
time  (178).  The  citations  to  the  witnesses  need 
contain  only  the  title  of  the  cause,  and  the  time 
and  place  of  the  meeting  for  trial,  together  with 
the  official  command  or  request  to  be  present  for 
giving  evidence.  The  meeting  for  trial  must  be  at 
least  ten  days  after  the  day  on  which  the  citation 
to  the  accused  is  served  upon  him ;  but  how  many 
days  after  the  citations  reach  the  witnesses  is  left 
undetermined ;  but  the  principle  is  that  the  parties 
and  witnesses  shall  have  due  time  to  prepare  for 
the  trial  and  to  arrange  for  attendance.  The 
charge,  as  first  written,  need  not  be  in  the  form  of 


196  Chap.  YI.,  Pars.  '6,  1.  175 

an  indictment;  but  the  "charges"  to  be  read  to 
the  accused  is  synonymous  with  the  indictment. 
The  accused  may,  of  course,  object  to  the  indict- 
ment, and  may  move  that  it  be  rejected  by  the 
court,  as  not  in  proper  form  (164),  or  as  being  too 
indefinite  (176),  or  he  may  move  that  it  be  amended 
so  as  to  eliminate  imperfections ;  but  if  the  court 
sustains  the  indictment,  tlie  accused  must  plead 
either  "guilty"  or  "not  guilty,"  or  he  may  plead 
"guilty  in  part,  and  not  guilty  in  part"  (specifying 
what  is  admitted  and  what  is  denied).  If  a  party 
is  necessarily  absent,  he  may  take  either  of  two 
courses.  He  may  plead  in  writing.  This  plea  he 
may  accompany  with  requests  that  such  or  such 
be  assigned  as  his  counsel,  that  the  trial  be  post- 
poned, etc.  He  may  send  in  an  oral  communica- 
tion (which,  however,  should  be  reduced  to  writing 
and  put  on  record),  and  this  may  be  accepted  by 
the  court  in  lieu  of  a  communication  written  by 
the  accused  himself;  or  he  may  send  no  communi- 
cation, or  may  send  a  communication  declining  to 
plead;  and  in  either  case,  even  if  he  declines  to 
plead  at  all,  and  not  merely  in  his  absence,  the 
trial  may  not  proceed  at  that  meeting,  or  without  a 
second  citation.  The  court  is  obliged  to  assign,  as 
counsel,  whomsoever  the  accused  may  nominate 
(within  the  limits  of  paragraph  190),  if  such  nomi- 
nee consents ;  and  no  one  may  be  tried  in  his  ab- 
sence without  what  the  court  considers  proper 
counsel. 

175. — IV.  The  citation  shall  be  issued  and  signed  by  the 
Moderator  or  Clerk,  by  order  and  in  the  name  of  the  court;  he 
shall  also  issue  citaticn&to  such  witnesses  as  either  party  shall 
nominate  to  appear  on  his  behalf. 


176,  177  Chap.  YI.,  Pars.  5,  6.  197 

At  any  time  before  the  time  set  for  trial,  either 
party  may  nominate  witnesses  to  the  Moderator  or 
Clerk  ;  but  it  would  be  a  sufficient  objection  to  any 
witnesses  nominated  by  the  prosecutor  after  th-e 
meeting  of  the  court  ordering  the  indictment  to  be 
served,  that  the  prosecution  then  knew  this  wit- 
ness (174).  Either  party  has  the  right  all  the 
while  to  know  what  witnesses  the  other  party  is 
having  cited. 

176. — V.  In  drawing  the  indictment,  the  times,  places,  and 
circumstances  should,  if  possible,  be  particularly  stated,  that 
the  accused  may  have  an  opportunity  to  make  his  defence. 

The  court  may  make  inquisition  before  the  com- 
mencement of  process,  but  not  afterward,  and  there- 
fore, the  indictment  may  not  be  used  as  an  instru- 
ment of  inquisition ;  and  it  must  be  so  drawn  as  to 
give  an  innocent  party  every  opportunity  of  prov- 
ing his  innocence,  as  well  as  of  preventing  his 
conviction. 

177.— VI.  When  an  accused  person  shall  refuse  to  obey  a 
citation,  he  shall  be  cited  a  second  time;  and  this  second  cita- 
tion shall  be  accompanied  with  a  notice  that  if  he  do  not  ap- 
pear at  the  time  appointed  (unless  providentially  hindered, 
which  fact  he  must  make  known  to  the  court),  or  that  if  he 
appear  and  refuse  to  plead,  he  shall  be  dealt  with  for  his  con- 
tumacy, as  hereinafter  provided. 

His  absence  without  sending  in  an  excuse  is  pre- 
sumptive evidence  that  he  refuses.  According  to 
the  principle  here  laid  down,  if  he  comes  upon  the 
first  citation,  but  refuses  to  plead,  the  court  would 
cite  a  second  time,  instead  of  then  proceeding  to 
deal  with  him  for  contumacy.  (Cf.  pars.  193  and 
199.)  The  reason  for  this  patient  forbearance  is, 
that  the  court  of  Christ  may  show  his  gentleness, 
and  thereby  save  the  accused,  and  that  the  course 


198  Chap.  VI.,  Pars.  7,  8,  9.         178-180 

enjoined  upon  the  court  in  cases  of  contumacy  is 
too  severe  to  be  entered  upon  without  necessity. 

178. — VII.  The  time  which  must  elapse  between  the  serving 
of  the  first  citation  on  the  accused  person,  and  the  meeting  of 
the  court  at  which  ho  is  to  appear,  shall  be  at  least  ten  daj-s. 
But  the  time  allotted  for  his  appearance  on  the  second  citation 
shall  be  left  to  the  discretion  of  the  court,  provided  that  it  be 
not  less  than  is  quite  sufficient  for  a  seasonable  and  convenient 
compliance  with  the  citation. 

The  accused  must  really  have  a  second  opportu- 
nity. 

179. — VIII.  When  the  offence  with  which  an  accused  per- 
son stands  charged  took  place  at  a  distance,  and  it  is  incon- 
venient for  the  witnesses  to  appear  before  the  court  having  jur- 
isdiction, that  court  may  either  appoint  a  commission  of  its 
body,  or  request  the  co-ordinate  court  contiguous  to  the  place 
where  the  facts  occurred,  to  take  the  testimony  for  it.  The 
accused  shall  always  have  reasonable  notice  of  the  time  and 
place  of  the  meeting  of  this  commission. 

If  the  contiguous  court  takes  the  testimony,  it  acts 
as  a  commission  of  the  other.  It  lies  in  the  nature 
of  the  case,  that  the  commission  will  be  furnished 
with  copies  of  the  indictment  and  of  all  proceed- 
ings that  it  needs  to  be  acquainted  with  in  order 
to  a  due  discharge  of  its  commission.  The  rea- 
sonable notice  should  be  given  by  the  court,  if  it 
fixes  the  time  and  place ;  otherwise,  by  the  com- 
mission. 

180.— IX.  When  an  offence,  alleged  to  have  been  committed 
at  a  distance,  is  not  likely  otherwise  to  become  known  to  the 
court  having  jurisdiction,  it  shall  be  the  duty  of  the  court 
within  whose  bounds  the  facts  occurred,  after  satisfying  itself 
that  there  is  probable  ground  of  accusation,  to  send  notice  to 
the  court  having  jurisdiction,  which  shall  at  once  proceed 
against  the  accused ;  or  the  whole  case  may  be  remitted  for 
trial  to  the  co-ordinate  court  within  whose  bounds  the  offence 
is  alleged  to  have  been  committed. 


181,  182        Chap.  VL,  Pars.  10,  11.  199 

Here  the  co-ordinate  court,  by  sending  notice  to 
the  court  having  jurisdiction,  puts  that  court  in  the 
same  relation  to  the  matter  as  if  it  had  made  the 
investigation  itself,  and  raised  a  strong  presump- 
tion of  guilt  (162).  The  transfer  of  the  case  to 
the  court  best  able  to  get  the  witnesses  may  be 
done  without  the  consent  of  parties.  The  court 
having  jurisdiction  must  first  appoint  or  accept  a 
prosecutor  before  transferring  the  case.  (See  192  ) 
Cases  should  not  thus  be  transferred  except  for 
grave  reasons,  especially  if  the  accused  objects. 

181. — X.  Before  proceeding  to  trial,  courts  ought  to  ascer- 
tain that  their  citations  have  been  duly  served. 

It  is  not  enough  to  ascertain  that  the  citations 
were  issued  in  due  time,  but  also  that  they  reached 
the  persons  cited  in  due  time. 

182. — XI.  In  every  process,  if  deemed  expedient,  there  may 
be  a  committee  appointed,  which  shall  be  called  the  Judicial 
Committee,  and  whose  duty  it  shall  be  to  digest  and  arrange 
all  the  papers,  and  to  prescribe,  under  the  direction  of  the 
court,  the  whole  order  of  proceedings.  The  members  of  this 
committee  shall  be  entitled,  notwithstanding  their  performance 
of  this  duty,  to  sit  and  vote  in  the  case  as  members  of  the  court. 

Every  court  before  which  the  case  comes  may  have 
such  a  committee.  This  committee  has  nothing 
to  do  with  the  merits  of  the  case  whatever.  The 
court  may  give  directions  beforehand  to  this  com- 
mittee as  to  the  order  of  proceedings,  and  must 
approve  its  recommendations  before  they  become 
in  force.  It  is  not  by  this  paragraph  made  the 
business  of  this  committee  to  recommend  whether 
there  shall  be  a  procejs,  but  merely  to  formulate 
in  detail  the  order  of  proceedings.  But  any  ques- 
tion that  may  properly  be  decided  previous  to  the 
commencement  of  process,  or  any  question  pertain- 


200  Chap.  VI,  Pars.  12,  13,  14.     183-185 

ing  to  a  case  in  any  sense  judicial,  may  be  referred 
to  a  committee  for  consideration  and  report;  and 
such  a  committee  may  be  called  a  Judicial  Com- 
mittee. 

183.— XII.  When  the  trial  is  about  to  begin,  it  shall  be  the 
duty  of  the  3Ioderator  solemnly  to  announce  from  the  chair 
that  the  court  is  about  to  pass  to  the  consideration  of  the 
cause,  and  to  enjoin  on  the  members  to  recollect  and  regard 
their  high  character  as  judges  of  a  court  of  Jesus  Christ,  and 
the  solemn  duty  in  which  they  are  about  to  engage. 

This  charge  marks  the  passage  of  the  members  of 
the  court  out  of  relation  to  the  case  as  repre- 
sentatives of  the  Church  accusing,  and  sets  them 
free  from  every  obligation  but  the  one  obligation 
to  ascertain  and  declare  the  will  of  Jesus  Christ  in 
the  case. 

184. — XIII.  In  order  that  the  trial  may  be  fair  and  impar- 
tial, the  witnesses  shall  be  examined  in  the  presence  of  the 
accused,  or  at  least  after  he  shall  have  received  due  citation  to 
attend.  Witnesses  may  be  cross-examined  by  both  parties, 
and  any  questions  asked  which  are  pertinent  to  the  issue. 

The  prosecutor,  too,  must  be  present.  Whether  a 
question  is  pertinent  the  court  must  determine 
(but  see  210)  in  case  of  dispute  concerning  its  per- 
tinency. Members  of  the  court  also  may  ask  ques- 
tions. 

185. — XIV.  On  all  questions  arising  in  the  progress  of  a 
trial,  the  discussion  shall  first  be  between  the  parties;  and 
when  they  have  been  heard,  they  may  be  required  to  withdraw 
from  the  court  until  the  members  deliberate  upon  and  decide 
the  point. 

Members  of  the  court  must  not  become  counsel  to 
either  party,  either  formally  or  really;  and  the 
presence  of  the  parties  or  any  other  hindrance 
must  not  embarrass  the  full  counselling  together  of 
the  members  of  the  court  as  judges.     If  the  parties 


186  Chap.  YL,  Par.  15.  201 

may  be  required  to  retire,  certainly  the  court  may 
exclude  all  other  persons,  if  it  thinks  best;  but 
seldom  will  it  be  best  to  exclude  even  the  parties. 
Nothing  can  be  done  in  the  presence  of  one  party 
while  the  other  is  excluded. 

186. — Xy.  When  a  court  of  first  resort  proceeds  to  the 
trial  of  a  cause,  the  following  order  shall  be  observed :  1,  The 
Moderator  shall  charge  the  court ;  2,  The  indictment  shall  be 
read,  and  the  answer  of  the  accused  heard ;  3,  The  witnesses 
for  the  prosecutor,  and  then  those  for  the  accused,  shall  be 
examined;  4,  The  parties  shall  be  heard ;  first  the  prosecutor 
and  then  the  accused,  and  the  prosecutor  shall  close ;  5,  The 
roll  shall  be  called,  that  the  members  may  express  their  opinion 
in  the  cause;  6,  The  decision  shall  be  made  and  judgment 
entered  on  record. 

Here  it  may  be  well  to  set  down  the  order  of  the 
whole  judicial  procedure:  I.  Before  Process.  1, 
Kaising  the  question  of  judicial  procedure.  This 
may  be  done  by  some  member  of  the  court  calling 
its  attention  to  prejudicial  facts  or  rumors,  or  by  a 
commnnication  from  any  person  to  the  same  end. 
A  request  from  one  affected  by  reports  would  raise 
the  question.  2,  Taking  up  the  question.  This 
can  be  done  only  upon  a  motion.  Here  the  ques- 
tion is  whether  there  shall  be  an  investigation,  or, 
if  some  one  proposes  to  be  a  voluntary  prosecutor, 
the  question  may  be  whether  to  consider  his  pro- 
position. 3,  If  the  court  has  resolved  to  enter 
upon  an  investigation,  or  upon  the  consideration 
of  some  one's  proposition  to  be  a  voluntary  prose- 
cutor, then  such  investigation  or  consideration  is 
pending  until  the  court  decides  for  or  against  insti- 
tuting process,  or  for  or  against  accepting  the  pro- 
posing prosecutor.  If  the  court  decides  against 
accepting  the  proposing  prosecutor,  it  would  still 
be  in  order  to  move  that  the  court  enter  upon  an 


202  Chap.  VI.,  Par.  15.  186 

investigation.  Pending  this  third  head,  the  court 
may  make  such  inquiries  as  are  needful  for  its 
guidance.  4,  If  the  court  decides  to  institute  pro- 
cess, it  belongs  here  to  appoint  the  prosecutor. 

II.  Process  before  Trial.  Process  being  initiated 
by  the  appointment  or  acceptance  of  a  prosecutor: 
1,  The  court  fixes  the  time  and  place  of  trial;  2, 
Orders  the  proper  citations  to  be  issued;  3,  Ascer- 
tains whether  the  citations  have  been  duly  served ; 
4,  Kecognizes  or  appoints  counsel  for  the  accused, 
if  needful ;  acts  upon  his  objections  to  process  under 
191;  and  acts  upon  objections  from  the  accused 
to  the  prosecutor  under  162  or  165 ;  and  5,  Orders 
the  trial  to  proceed,  if  the  parties  are  present,  or 
fixes  the  time  and  place  of  the  next  meeting  and 
orders  the  second  citations  to  be  issued. 

III.  The  Trial  includes  these  parts  in  succes- 
sion :  1,  The  charge  to  the  court.  At  this  time  a 
roll  of  those  present  as  sitting  members  of  the 
court  should  be  made,  so  that  at  every  step  a 
proper  record  of  their  attendance  may  be  kept ;  and 
to  this  list  none  are  to  be  added  pending  the 
trial,  and  none  are  to  be  taken  away  from  it 
except  upon  order  of  the  court.  Challenges  may 
be  made  at  this  point;  and  challenges  may  bo 
made  at  any  point  subsequently  upon  grounds 
subsequently  arising  or  coming  to  light.  2,  Bead- 
ing the  indictment  and  hearing  the  pleading  of  the 
accused.  "When  the  indictment  has  been  read,  it 
is  in  order  for  the  accused  to  object  to  the  indict- 
ment, either  on  the  ground  that  it  does  not  con- 
form to  164,  or  on  the  ground  that  it  does  not 
comply  with  176 ;  and  after  discussion  between 
the  parties,  the  court  must  decide  the  point.     It 


186  Chap.  VI.,  Par.  15.  203 

would  also  be  in  order  for  any  member  of  the 
court  to  object  to  the  indictment  on  either  of  these 
grounds,  or  on  the  ground  that  the  indictment  did 
not  embody  the  charges  upon  which  the  court  had 
ordered  process  to  be  conducted.  But  no  one 
may  attack  the  indictment  upon  the  ground  that 
the  thing  charged  is  not  an  offence ;  for  both  issues, 
whether  the  thing  charged  upon  the  accused  is 
true,  and  whether,  if  true,  it  is  an  offence  (that  is 
something  *•  against  the  peace,  unity  and  purity  of 
the  Church,  and  the  honor  and  majesty  of  the 
Lord  Jesus  Christ  as  the  King  and  Head  thereof"), 
are  reserved  for  discussion  and  determination  in 
the  trial  itself.  If  the  indictment  is  set  aside  as 
defective,  immediately  the  process  is  at  the  point 
where  it  was  when  the  court  appointed  or  accepted 
a  prosecutor.  But  the  indictment  being  sustained  as 
sufficient,  the  accused  must  plead.  If  the  accused 
plead  guilty,  3,  4  and  5  would  be  skipped.  3,  The 
witnesses  for  the  prosecutor  shall  be  caUed  and  ex- 
amined in  the  order  that  he  desires.  After  all  the  wit- 
nesses for  the  prosecution  have  been  examined  and 
cross-examined,  and,  if  the  court  permits,  recalled 
and  re-examined,  then  the  witnesses  for  the  accused 
shall  be  similarly  examined.  But  no  witness  for  the 
prosecution  may  be  examined  after  the  examina- 
tion of  witnesses  for  the  accused,  unless  by  con- 
sent of  the  accused  and  the  order  of  the  court. 
Under  this  head  come  all  challenges  of  witnesses. 
4,  Here  shall  come  first  the  address  or  addresses 
of  the  prosecution,  then  of  the  accused,  and  finally 
of  the  prosecution  again.  It  would  be  out  of  order 
for  the  prosecution,  after  the  accused  has  spoken, 
to  say  anything  except  strictly  in  answer  to  what 


204  Chap.  VI.,  Par.  15.  186 

the  accused  has  said.  5,  The  roll  shall  be  called, 
that  the  members  may  express  their  opinion  in  the 
cause.  It  is  not  intended  that  this  shall  become  a 
discussion  between  the  members.  Accordingly  it 
is  proper  to  limit  the  members  to  a  brief  time ;  and 
it  would  not  be  inconsistent  with  the  intention,  to 
require  that  each  one  merely  read  his  prepared 
opinion.  Otherwise,  it  is  a  matter  of  much  conse- 
quence in  what  order  the  members  speak ;  for  an 
influential  and  eloquent  member  speaking  among 
the  first  will  greatly  modify  the  expressions  that 
are  to  follow.  The  real  end  of  this  expression  of 
individual  opinion  is  that  each  may  have  the  help 
of  the  separate  opinion  of  each  of  the  others.  6, 
The  decision  shall  be  made,  and  judgment  entered 
on  record.  The  decision  is  not  made  under  item  5, 
but  there  the  opinions  of  all  are  expressed  for 
comparison  and  mutual  guidance.  Here,  and  not 
till  this  point,  should  the  decision  itself  be  made, 
although  it  may  save  time  to  let  the  expression  of 
opinion  and  the  voting  coincide.  Necessarily  the 
decision  must  be  guilty  or  not  guilty,  since  that  is 
the  single  issue;  but  if  the  indictment  contains 
several  specifications,  the  decision  may  be  guilty 
in  part.  As  members  are  not  required  to  express 
their  opinion  under  5,  so  the  method  of  voting 
here,  where  the  court  is  making  its  decision,  is  not 
prescribed ;  and  the  vote  may  be  by  ballot,  or  by 
rising  or  lifted  hand,  or  by  yea  and  nay,  as  the 
court  orders.  After  the  decision  is  made,  it  still 
remains  to  determine  what  censure  shall  be  in- 
flicted, if  the  accused  has  been  found  guilty.  The 
**  judgment "  is  the  acquittal,  or  else  the  condemna- 
tion with  the  censure;  and  the  fixing  of  this  cen- 


187-189     Chap.  VI.,  Pars.  16,  17,  18.  205 

sure  may  be  a  matter  of  debate  in  the  court,  but  in 
this  discussion  the  parties  can  have  no  part. 

187. — XYI.  Either  party  may,  for  cause,  challenge  the 
right  of  any  member  to  sit  In  the  trial  of  the  case,  which  ques- 
tion shall  be  decided  by  the  members  of  the  court  other  than 
the  one  challenged. 

Only  one  member  can  be  challenged  at  a  time,  for 
otherwise  a  party  could  sift  the  court  to  suit  him- 
self. The  right  of  the  challenged  member  to  sit 
must  be  determined  before  anything  else  is  done  in 
the  trial.  No  challenge  of  a  member's  right  to  sit 
should  be  entertained  after  the  reading  of  the  in- 
dictment to  the  accused,  unless  for  cause  not  known 
before  that  time  to  the  challenging  party. 

188. — XVII.  Pending  the  trial  of  a  cause,  any  member  of 
the  court  who  shall  express  his  opinion  of  its  merits  to  either 
party,  or  to  any  person  not  a  member  of  the  court;  or  who 
shall  absent  himself  from  any  sitting  without  the  permission 
of  the  court,  or  satisfactory  reasons  rendered,  shall  be  there- 
by disqualified  from  taking  part  in  the  subsequent  proceed- 
ings. 

A  judge  should  hold  his  mind  open  to  evidence 
and  argument  until  he  has  heard  all,  and  he  needs 
to  be  present  so  as  to  hear  all.  The  court  should 
not  excuse  absence  for  light  reasons,  nor  without 
giving  the  parties  opportunity  to  state  their  objec- 
tions (185).  Of  course,  this  paragraph  does  not 
forbid  expression  of  opinion  as  provided  for  in 
186:5. 

189.— XVIII.  The  parties  shall  be  allowed  copies  of  the 
whole  proceedings  at  their  own  expense,  if  they  demand  them. 
Minutes  of  the  trial  shall  be  kept  by  the  clerk,  which  shall  ex- 
hibit the  charges,  the  answer,  all  the  testimony,  and  all  such 
acts,  orders,  and  decisions  of  the  court  relating  to  the  cause, 
as  either  party  may  desire,  and  also  the  Judgment.  The  clerk 
shall,  without  delay,  attach  together  the  charges,  the  answer, 


206  Chap.  YI.,  Par.  19.  190 

the  citations  and  returns  thereto,  and  the  minutes  herein  re- 
quired to  be  kept.  These  papers,  when  so  attached,  shall  con- 
stitute ''the  record  of  the  cause."  When  a  cause  is  removed 
bj^  appeal  or  complaint,  the  lower  court  shall  transmit  "the 
record"  thus  prepared  to  the  higher  court,  with  the  addition 
of  the  notice  of  appeal  or  complaint,  and  the  reasons  thereof, 
if  any  have  been  filed.  Nothing  which  is  not  contained  in  this 
"record"  shall  be  taken  into  consideration  in  the  higher  court. 
On  the  final  decision  of  a  cause  in  a  higher  court,  its  Judgment 
shall  be  sent  down  to  the  court  in  which  the  case  originated. 

"Copies  of  the  whole  proceedings"  is  synonymous 
with."  copies  of  the  record  of  the  cause."  What 
acts,  orders,  and  decisions  relate  to  the  cause  the 
court  must  decide,  in  case  the  clerk  and  either  of 
the  parties  differ  on  this  point ;  but  the  clerk,  sub- 
ject to  the  direction  of  the  court,  may  omit  such 
acts,  orders,  and  decisions  as  neither  party  desires. 
Returns  to  citations  are  evidences  that  they  were 
served  in  due  time  and  on  the  proper  persons. 
The  final  decision  of  a  cause  is  not  made  until  a 
decision  is  made  from  which  no  appeal  or  com- 
plaint is  taken  to  a  higher  court. 

190. — XIX.  No  professional  counsel  shall  be  permitted  as 
such  to  appear  and  plead  in  cases  of  process  in  any  court ;  but 
an  accused  person  may,  if  he  desires  it,  be  represented  before 
the  Session  by  any  communicating  member  of  the  same  par- 
ticular church ;  or  before  any  other  court,  by  any  member  of 
the  court.  A  member  of  the  court  so  employed  shall  not  be 
allowed  to  sit  in  judgment  in  the  cause. 

The  court  is  not  bound  to  allow  him  to  be  so  rep- 
resented ;  nor  can  any  act  as  counsel  before  a  Ses- 
sion unless  a  member  of  the  same  particular 
church  with  the  accused,  or  before  any  other  court 
unless  a  member  of  it.  It  follows  that  no  person 
condemned  can  have  the  same  counsel  through  all 
the  higher  courts.  And  this  limitation  will  tend  to 
discourage  appeals. 


191  Chap.  YI,  Par.  20;  Chap.  VII.  207 

191. — XX.  Process,  in  case  of  scandal,  shall  commence 
within  the  space  of  one  year  after  the  offence  was  committed, 
miless  it  has  recently  become  flagrant.  When,  however,  a 
church  member  shall  commit  an  offence,  after  removing  to  a 
place  far  distant  from  his  former  residence,  and  where  his  con- 
nection with  the  Church  is  unknown,  in  consequence  of  which 
circumstances  process  cannot  be  instituted  within  the  time 
above  specified,  the  recent  discovery  of  the  church  member- 
ship of  the  individual  shall  be  considered  as  equivalent  to  the 
offence  itself  having  recently  become  flagrant.  The  same 
principle,  in  like  circumstances,  shall  also  apply  to  Ministers. 

The  principle  is  that,  if  the  Church  neglects  to 
commence  process  against  scandal  (which  is  any 
flagrant  public  offence  of  practice  bringing  disgrace 
on  the  Church)  within  a  year,  she  is  debarred 
from  thereafter  doing  it.  This  is  not  to  shield  the 
offender,  but  to  incite  to  the  prompt  prosecution  of 
such  offences.  Offences  not  so  serious  or  scandal- 
ous the  Church  may  bear  with  the  longer  while 
seeking  to  prevent  scandal ;  but  for  no  considera- 
tion is  the  Church  to  tolerate  such  offences  as  are 
scandalous. 


CHAPTER  YII. 

Special  Rules  Pertaining  to  Process  Before 
Sessions. 

The  first  paragraph  defines  the  scope  of  original 
jurisdiction  belonging  to  the  Session;  the  second 
points  out  the  course  to  be  followed  in  cases  of 
contumacy;  the  third  gives  a  special  rule  on  this 
subject  in  cases  of  gross  crime  or  heresy;  and 
the  fourth  authorizes  the  Session  to  prevent  partici- 
pation in  the  Lord's  supper  pending  the  examina- 
tion of  charges. 


208  Chap.  VII.,  Pars.  1,  2,  3.        192-194 

192. — I.  Process  against  all  church  members,  other  than 
Ministers  of  the  gospel,  shall  be  entered  before  the  Session  of 
the  church  to  which  such  members  belong ;  except  in  cases 
in  which  the  Session  is  rendered  incapable  of  exercising  juris- 
diction, in  which  case  process  shall  be  entered  before  the  Pres- 
bytery. 

(Cf.  161.)  After  process  has  been  entered,  the 
court  may  transfer  the  case  to  another  Session, 
according  to  180,  in  cases  to  which  that  paragraph 
will  apply.  If  a  Session  considers  itself  incapable 
in  any  case,  it  must  refuse  to  let  process  commence 
before  it,  assigning  its  reason. 

193.— 11.  When  an  accused  person,  having  been  twice  duly 
cited,  shall  refuse  to  appear  before  the  Session,  or,  appearing, 
shall  refuse  to  plead,  the  court  shall  enter  upon  its  records  the 
facts,  together  with  the  nature  of  the  offence  charged,  and  he 
shall  be  suspended  from  sealing  ordinances  for  his  contumacy. 
This  sentence  shall  be  made  public,  and  shall  in  no  case  be  re. 
moved  until  he  has  not  only  repented  of  his  contumacy,  but 
given  satisfaction  in  relation  to  the  charges  against  him. 

The  entry  upon  the  records  is  the  "sentence" 
which  is  to  be  published ;  and  the  court  should  be 
careful  in  making  it  up.  The  court  is  allowed  to 
put  merely  the  nature  of  the  offence  in  the  sen- 
tence, omitting  the  details ;  but  it  may,  in  its  dis- 
cretion, copy  the  whole  indictment  into  the  sen- 
tence. If  the  accused  repents  of  his  contumacy, 
he  then  has  the  right  to  plead  to  the  indictment  as 
if  he  had  not  been  contumacious ;  that  is,  if  he  sat- 
isfies the  court  concerning  his  contumacy.  Should 
he  plead  "not  guilty,"  the  trial  will  proceed.  But 
he  remains  suspended  until  his  acquittal,  or,  if 
convicted,  until  the  censure  of  the  court  for  the 
offence  charged  in  the  indictment  is  exhausted. 

194,— III,  If  the  charge  be  one  of  gross  crime  or  heresy, 


195  Chap.  ^^II.,  Pars.  3,  4.  209 

and  the  accused  persist  in  his  contumacy,  the  court  may  pro- 
ceed to  inflict  the  highest  censure. 

Otherwise,  one  could  always  escape  excommuni- 
cation by  being  contumacious.  The  principle 
underlying  these  regulations  may  be  stated  thus : 
refusal  to  honor  the  court's  citations  or  to  plead  at 
its  bar — that  is,  refusal  to  recognize  the  court — is 
itself  a  sin  against  'the  Church  and  its  Head  so 
serious  as  to  call  for  suspension,  whether  there  is 
any  other  offence  or  not;  and  that  persistence  in 
this  sin  raises  a  presumption  of  guilt  in  respect  to 
the  charge  of  the  indictment,  a  presumption  strong 
enough  to  require  the  court  to  act  upon  it  when 
the  offence  charged  is  so  grave  as  to  require  ex- 
communication for  the  honor  of  religion.  It  is  as- 
sumed that  there  can  be  no  trial  in  the  absence  of 
the  accused;  but  the  commencement  of  process  is 
always  preceded  by  inquiry  that  has  resulted  in 
the  commencement  of  process. 

195. — IV.  When  it  is  impracticable  immediately  to  com- 
mence process  against  an  accused  church  member,  the  Session 
may,  if  it  think  the  edification  of  the  church  requires  it,  prevent 
the  accused  from  approaching  the  Lord's  table  until  the  charges 
against  him  can  be  examined. 

This  is  an  extreme  measure,  to  be  resorted  to 
only  when  the  known  evidence  is  strong,  and  the 
offence  is  such  that  for  the  accused  to  communi- 
cate before  his  guilt  or  innocence  is  established 
will  bring  reproach  upon  the  Church  as  permitting 
it.  It  would  be  inexcusable  in  a  Session  to  pro- 
long this  prudential  suspension  from  the  Lord's 
table  wdthout  immediately  instituting  process  or 
beginning  investigation.  Ordinarily,  this  pruden- 
tial measure  will  be  taken  privately. 
14 


210  Chap.  YIII.,  Pars.  1,  2.  196 

CHAPTER  VIII. 

Special  Rules  Pertaining  to  Process  Against  a 
Minister. 

Paragraph  1  points  out  the  court  of  first  re- 
sort ;  paragraph  2  raises  a  caution  in  protection  of 
Ministers;  and  paragraph  3  directs  how  Ministers 
guilty  of  private  offences  should  be  dealt  with. 
The  fourth  paragraph  contains  the  rule  in  case  of 
contumacy.  Paragraph  5  distinguishes  offences  of 
principle  into  the  more  and  the  less  grave ;  para- 
graph 6  asserts  the  Presbytery's  duty  toward  Min- 
isters in  removing  the  scandal  of  lighter  infirmi- 
ties; paragraph  7  guards  against  a  Minister's  es- 
caping with  too  light  a  censure  by  confession ;  and 
paragraph  8  enjoins  due  caution  in  removing  cen- 
sure of  suspension  or  deposition  from  Ministers. 
The  ninth  paragraph  deals  with  the  censured  Min- 
ister's relation  to  his  church,  if  a  Pastor ;  and  the 
tenth  paragraph  gives  the  special  rule  for  divesti- 
ture. 

196.— I.  Process  against  a  Minister  shall  be  entered  before 
the  Presbytery  of  which  he  is  a  member. 

197.— il.  As  no  Minister  ought,  on  account  of  his  offtce,  to 
be  screened  in  his  sin,  or  lightly  censured,  so  scandalous 
charges  ought  not  to  be  received  against  him  on  slight  grounds. 

The  very  fact  that  Presbyteries  ought  to  feel 
most  sensitively  the  importance  of  preserving  the 
good  name  of  Ministers  justifies  the  fear  that,  on 
the  one  hand,  they  may  be  tempted  to  screen  of- 
fenders, and,  on  the  other  hand,  that  they  may  be 
tempted  to  pay  undue  attention  to  charges  not 
well  grounded. 


198,  199        Chap.  VIII.,  Pars.  3,  4.  211 

198. — III.  If  any  one  know  a  Minister  to  be  guilty  of  a  pri- 
vate offence,  he  should  warn  him  in  private.  But  if  the  offence 
be  persisted  in,  or  become  public,  he  should  bring  the  case  to 
the  attention  of  some  other  Minister  of  the  Presbytery  for  his 
advice. 

Any  one  proposing  to  be  a  voluntary  prosecutor 
would  be  disqualified  if  he  had  failed  to  comply 
with  these  requirements.  (Cf.  also  165.)  If  the 
"any  one"  here  spoken  of  is  himself  a  Minister, 
the  paragraph  may  not  be  disregarded  by  him; 
and  he  must  not  proceed  beyond  private  remon- 
strance without  first  taking  the  advice  of  some 
other  Minister  of  the  Presbytery.  The  aim  of  the 
paragraph  is  to  save  the  offender  without  bringing 
scandal  on  the  Church. 

199. — IV.  If  a  Minister  accused  of  an  offence,  having  been 
twice  duly  cited,  shall  refuse  to  appear  before  the  Presbytery, 
he  shall  be  immediately  suspended.  And  if,  after  another  cita- 
tion, he  still  refuse  to  attend,  he  shall  be  deposed  as  contuma- 
cious, and  suspended  or  excommunicated  h'om  the  Church. 
Record  shall  be  made  of  the  Judgment  and  of  the  charges 
under  which  he  was  arraigned,  and  the  sentence  shall  be  made 
public. 

As,  in  the  second  citation,  he  was  given  notice 
that,  if  he  did  not  appear,  or,  appearing,  did  not 
plead,  he  would  be  dealt  with  for  contumacy  ac- 
cording to  this  paragraph  (see  par.  177 j,  we  must 
understand  here  "or  refuse  to  plead"  after  "refuse 
to  appear."  After  the  second  citation  in  the  case 
of  a  private  member,  the  Session  suspends  him  and 
publishes  sentence ;  but  in  the  case  of  a  Minister, 
the  Presbytery  suspends  (from  the  ministry),  and 
issues  a  third  citation.  After  this  third  citation, 
the  Minister  is  suspended  or  excommunicated  from 
sealing  ordinances,  having  been  already  suspended 
from  office ;  and  then  the  sentence  is  made  public. 


212  Chap.  VIII.,  Pars.  5,  6.        200,  201 

The  Presbytery  may  publish  the  seotence  without 
publishing  even  the  nature  of  the  charges  (except 
so  far  as  the  sentence  itself  makes  known  the 
charges  or  their  nature).  If  the  accused  is  sus- 
pended after  the  third  citation,  there  is  no  pro- 
vision for  proceeding  afterv/ard  to  deposition  and 
excommunication  without  a  trial.  The  difference 
between  the  Minister  and  the  other  sort  of  church 
member  is  this:  the  church  member  can  only  be 
suspended  for  contumacy  at  first,  but  may  after- 
wards be  excommunicated  and  deposed  without 
trial  if  the  contumacy  continue  (194) ;  and  the 
Minister  may  be  excommunicated  after  the  third 
citation  without  trial,  but  not  later  if  not  then. 
The  Minister  must  be  deposed  after  the  third  cita- 
tion. 

200. — V.  Heresy  and  schism  may  be  of  such  a  nature  as  to 
warrant  deposition;  but  errors  ought  to  be  carefully  consid- 
ered, whether  they  strike  at  the  vitals  of  religion,  and  are  in- 
dustriously spread,  or  whether  they  arise  from  the  weakness 
of  the  human  understanding,  and  are  likely  to  do  much  injury. 

This  paragraph  should  be  observed  by  the  Pres- 
bytery both  in  instituting  or  permitting  process 
and  in  fixing  the  censure  after  conviction.  It  is 
constitutional  to  let  men  remain  in  the  ministry 
with  erroneous  views,  provided  said  views  do  not 
strike  at  the  vitals  of  religion  and  are  not  industri- 
ously spread.  If  a  view  does  logically  strike  at  the 
vitals  of  religion,  but  is  not  industriously  spread, 
and,  does  not  practically  destroy  the  piety  or  use- 
fulness, of  the  Minister,  it  may  be  tolerated.  But 
in  the  case  of  the  Minister  especially,  the  influence 
of  his  views  upon  his  teaching  must  be  considered. 

301.— yi.  If  the  Presbytery  find  on  trial  that  the  matter 


203,  203     Chap.  VIII.,  Pars.  6,  7,  8.  213 

complained  of  amounts  to  no  more  than  such  acts  of  infirmity 
as  may  be  amended,  so  that  little  or  nothing  remains  to  hinder 
the  Minister's  usefulness,  it  shall  take  all  prudent  measures  to 
remove  the  scandal. 

All  are  subject  to  infirmity,  and  any  Minister's 
usefulness  is  liable  to  be  injured  or  destroyed  by 
the  malicious  or  inconsiderate  exaggeration  of  his 
failings,  when,  on  the  whole,  he  is  really  a  well- 
qualified  Minister. 

202.— VII.  When  a  Minister,  pending  a  trial,  shall  make 
confession,  if  the  matter  be  flagitious,  such  as  drunkenness, 
uncleanness,  or  crimes  of  a  higher  nature,  however  penitent  he 
may  appear  to  the  satisfaction  of  all,  the  court  shall,  without 
delay, 'Suspend  him  from  the  exercise  of  his  office,  or  depose 
him  from  the  ministry. 

Confession  shall  not  save  him  from  deposition, 
or,  at  least,  from  suspension  from  ofiice ;  for  disci- 
pline is  not  only  for  the  reformation  of  the  of- 
fender, but  also  for  the  honor  of  religion. 

203.— VIII.  A  Minister  suspended  or  deposed  for  scandal- 
ous conduct  shall  not  be  restored,  even  on  the  deepest  sorrow 
for  his  sin,  until  he  shall  exhibit  for  a  considerable  time  such 
an  eminently  exeniplary,  humble,  and  edifying  walk  and  con- 
versation as  shall  heal  the  wound  made  by  his  scandal.  And 
a  deposed  Minister  shall  in  no  case  be  restored  until  it  shall 
appear  that  the  general  sentiment  of  the  Church  is  strongly  in 
his  favor,  and  demands  his  restoration ;  and  then  only  by  the 
court  inflicting  the  censure,  or  with  its  consent. 

If  scandalous  conduct  was  the  ground  of  sus- 
pension or  deposition,  there  shall  be  no  restoration 
until  his  behavior  removes  the  scandal ;  and  after 
deposition,  whether  the  deposition  was  for  conduct 
or  doctrine,  there  shall  be  no  restoration  until  both 
the  general  sentiment  of  the  Church  demands  it 
and  the  original  court  consents  thereto.  This 
court  is  the  more  likely  to  know  whether  the  re- 
formation is  likely  to  be  permanent. 


214  Chap.  YIII.,  Pars.  9,  10.       204,  205 

204. — IX.  When  a  Minister  is  deposed  his  church  shall  be 
declared  vacant;  but  when  he  is  suspended,  it  shall  be  left  to 
the  discretion  of  Presbytery  whether  the  sentence  shall  include 
the  dissolution  of  the  pastoral  relation. 

205. — X.  Whenever  a  Minister  of  the  gospel  shall  habitu- 
ally fail  to  be  engaged  in  the  regular  discharge  of  his  official 
functions,  it  shall  be  the  duty  of  the  Presbytery,  at  a  stated 
meeting,  to  inquire  into  the  cause  of  such  dereliction,  and  if 
necessary  to  institute  Judicial  proceedings  against  him  for 
breach  of  his  covenant  engagements.  If  it  shall  appear  that 
his  neglect  proceeds  only  from  his  want  of  acceptance  to  the 
Church,  Presbytery  may,  upon  the  principles  upon  which  it 
withdraws  license  from  a  Probationer,  for  want  of  evidence  of 
the  Divine  call,  divest  him  of  his  office  without  censure,  even 
against  his  will,  a  majority  of  two-thirds  being  necessary  for 
this  purpose. 

In  such  a  case  the  clerk  shall,  under  the  order  of  the  Pres- 
bytery, forthwith  deliver  to  the  individual  concerned  a  written 
notice  that,  at  the  next  stated  meeting,  the  question  of  his 
being  so  dealt  with  is  to  be  considered.  This  notice  shall  dis- 
tinctly state  the  grounds  for  this  proceeding.  The  party  thus 
notified  shall  be  heard  in  his  own  defence;  and  if  the  decision 
pass  against  him  he  may  appeal,  as  if  he  had  been  tried  after 
the  usual  forms. 

Whenever  there  is  the  habitual  neglect,  it  is  the 
duty  of  Presbytery  to  make  inquiry,  which  is  tanta- 
mount to  an  investigation  under  162.  This  investi- 
gation must  issue  in  failure  to  raise  a  strong 
presumption  of  habitual  neglect,  or  in  raising  a 
strong  presumption  of  such  neglect.  When  it  re- 
sults in  raising  such  presumption,  then  the  Pres- 
bytery must  either  institute  judicial  process,  if  the 
neglect  does  not  appear  to  proceed  from  want  of 
acceptance,  or  give  notice  of  proceedings  to  divest 
without  censure.  The  party,  when  heard  in  his 
own  defence,  may  be  allowed  to  introduce  evidence 
of  his  attention  to  his  calling  and  of  his  accept- 
ance; and  in  case  of  appeal  or  complaint,  the 
record  of  such  evidence  should  be  sent  up.  It 
would  not  be  improper  for  the  Presbytery  to  ap- 


205  Chap.  IX.  215 

point  some  one  to  present  the  evidence  for  the 
neglect  and  want  of  acceptability.  The  essential 
difference  between  this  procedure  and  a  judicial 
trial,  process,  lies  in  the  absence  of  ceDSure. 

This  principle  may  apply,  mutatis  mutandis^  to  Ruling 
Elders  and  Deacons. 

That  is,  for  Minister  substitute  Kuling  Elder  or 
Deacon,  and  for  Presbytery  substitute  Session. 

This  divests  of  office ;  paragraph  113  and  para- 
graphs 126  and  128  dissolve  official  relations  with- 
out divesting  of  office.  One  divested  of  office  could 
not  resume  his  office  without  re-ordination. 


CHAPTEK  IX. 

Of  Evidence. 


Paragraph  1  shows  who  are  competent  witnesses, 
but  paragraph  2  exempts  husband  and  wife  from 
testifying  against  each  other.  Paragraph  3  lays 
down  the  rule  requiring  corroborative  evidence, 
and  paragraph  4  contains  a  regulation  that  aims  to 
make  witnesses  independent  of  each  other.  Para- 
graph 5  prescribes  the  method  of  examining  wit- 
nesses ;  6,  the  form  of  oath  or  affirmation ;  and  7, 
the  method  of  recording  the  testimony.  Paragraph 
8  shows  how  the  records  of  one  court  are  to  be 
authenticated  to  another;  paragraph  9,  the  value 
of  such  authenticated  testimony;  and  paragraph 
10,  how  testimony  may  be  taken  in  the  absence  of 
the  court.  Paragraph  11  secures  the  use  of  the 
members  of  the  court  as  witnesses,  and  paragraph 
12  the  use  of  all  church  officers  and  members  as 


216  Chap.  IX.,  Pars.  1,  2,  3.         206-208 

witnesses.  And  paragraph  13  regulates  the  use  of 
new  evidence  after  trial,  and  paragraph  14  after- 
appeal. 

206.— I.  All  persons  of  proper  age  and  intelligence  are 
competent  witnesses,  except  such  as  do  not  believe  in  the  ex- 
istence of  God,  or  a  future  state  of  rewards  and  punishments. 
The  accused  party  may  be  allowed,  but  shall  not  be  compelled, 
to  testify;  but  the  accuser  shall  be  required  to  testify,  on  the 
demand  of  the  accused.  Either  party  has  the  right  to  chal- 
lenge a  witness  whom  he  believes  to  be  incompetent,  and  the 
court  shall  examine  and  decide  upon  his  competency.  It 
belongs  to  the  court  to  judge  of  the  degree  of  credibility  to  be 
attached  to  all  evid«mce. 

Accuser  here  must  be  interpreted  to  mean  the  prose- 
cutor. The  only  grounds  of  challenge  of  a  witness 
are  too  great  youth,  too  little  intelligence  {i.  e., 
ability),  lack  of  belief  in  God,  or  lack  of  belief  in 
a  future  state  of  rewards  and  punishments.  The 
accused  cannot  be  debarred  from  testifying. 

207. — II.  A  husband  or  wife  shall  not  be  compelled  to  bear 
testimony  the  one  against  the  other  in  any  court. 

A  husband  or  wife  may  be  cited,  but  it  is  optional 
with  such  an  one  to  testify  or  not ;  and  the  citation 
should  so  state.  This  regulation  protects  the  mar- 
riage relation  from  disturbance  by  inquisition  even 
of  the  Church  itself. 

208. — III.  The  testimony  of  more  than  one  witness  shall 
be  necessary  in  order  to  establish  any  charge ;  yet  if,  in  addi- 
tion to  the  testimony  of  one  witness,  corroboi'ative  evidence  be 
produced,  the  offence  may  be  considered  to  be  proved. 

It  may  be  so  considered,  not  must  be;  for  the 
court,  judging  of  the  credibility  of  evidence  (206), 
might  not  believe  a  witness  or  a  number  of  wit- 
nesses. The  testimony  of  more  than  one  witness, 
or  of  one  witness  and  corroborative  evidence,  is 
necessary  to  prove  each  charge,  each  separate  fact 


209-211        Chap.  IX.,  Paes.  4,  5,  6.  217 

alleged,  in  the  indictment.  This  rule  setting  the 
denial  of  the  accused  in  counterpoise  with  the  as- 
sertion of  any  single  witness,  and  so  protecting 
innocence,  may  also  shield  guilt,  and  even  known 
guilt,  from  judicial  conviction ;  and  this  limitation 
should  be  remembered  before  judicial  prosecution 
is  begun. 

209. — IV.  No  witness  afterward  to  be  examined,  except  a 
member  of  the  court,  shall  be  present  during  the  examination 
of  another  witness  on  the  same  case  if  either  party  objects. 

Members  of  the  court  must  remain  in  order  to  hear 
the  evidence ;  but  there  may  be  danger  that  the 
listening  witness  will  suffer  his  testimony  to  be  in- 
fluenced by  the  testimony  that  he  hears.  For  this 
reason  it  may  be  advisable  to  take  the  testimony 
with  all  excluded  but  the  court  and  the  parties  and 
the  witness  testifying,  and  to  keep  the  testimony 
secret  pending  the  trial. 

210.— V.  Witnesses  shall  be  examined,  first  by  the  party 
introducing  them,  then  cross-examined  by  the  opposite  party, 
after  which  any  member  of  the  court,  or  either  party,  may  put 
additional  interrogatories.  But  no  question  shall  be  put  or 
answered  except  by  permission  of  the  Moderator,  subject  to  an 
appeal  to  the  court;  and  the  court  shall  not  permit  questions 
frivolous  or  irrelevant  to  the  charge  at  issue. 

Here  an  appeal  is  allow^ed  directly  from  the  Mod- 
erator of  the  Session  to  the  Session,  otherwise  the 
trial  might  be  made  inextricably  complicated. 

211. — VI.  The  oath  or  affirmation  to  a  witness  shall  be  ad- 
ministered by  the  IModerator  in  the  following  or  like  terms : 
"You  solemnly  promise,  in  the  presence  of  God,  that  you  will 
declare  the  truth,  the  whole  truth,  and  nothing  but  the  truth, 
according  to  the  best  of  your  knowledge  in  the  matter  in  which 
you  are  called  to  witness,  as  you  shall  answer  it  to  the  great 
Judge  of  quick  and  dead."  If,  however,  at  any  time  a  witness 
should  present  himself  before  the  court,  who,  for  conscientious 


-^18  Chap.  IX.,  Pars.  7,  8,  9,  10.     212-215 

reasons,  prefers  to  swear  or  affirm  in  any  other  manner  he 
should  be  allowed  to  do  so. 

But  in  no  case  should  one  be  allowed  to  testify  at 
all  without  agreeing  to  tell  the  truth,  the  whole 
truth  and  nothing  but  the  truth,  in  answer  to  all 
questions  that  he  answers. 

212.— VII.  Every  question  put  to  a  witness  shall,  if  re- 
quired, be  reduced  to  writing.  When  answered,  it  shall,  to- 
gether with  the  answer,  be  recorded,  if  deemed  by  the  court, 
or  by  either  party,  of  sufficient  importance,  and  the  testimony 
of  the  V7itness  shall  be  read  to  him  for  his  approbation  and 
subscription. 

No  question  is  "put  to  a  witness"  until  it  has  been 
approved  as  a  proper  question  to  be  put.  If  re- 
quired by  either  party  or  the  court,  it  is  then  to  be 
reduced  to  writing  before  being  answered.  Then, 
when  the  answer  is  given,  the  answer  with  the  ques- 
tion must  be  recorded,  if  the  court  or  either  party 
desires  it.  When  the  testimony  of  a  witness  is  all 
finished,  he  shall  hear,  revise  and  subscribe  so 
much  as  goes  on  record. 

213. — YIII.  The  records  of  a  court,  or  any  part  of  them, 
whether  original  or  transcribed,  if  regularly  authenticated  by 
the  Moderator  and  Clerk,  or  by  either  of  them,  shall  be  deemed 
good  and  sufficient  evidence  in  every  other  court. 

(Cf.  56  and  88.) 

214. — IX.  In  like  manner,  testimony  taken  before  one  court 
and  regularlj''  certified,  shall  be  received  by  every  other  court 
as  no  less  valid  than  if  taken  by  itself. 

It  may  not  have  the  same  weight,  but  is  no  less 
valid. 

215.— X.  When  it  is  not  convenient  for  the  court  to  have 
the  whole,  or  perhaps  any  part  of  the  testimony  in  any  par- 
ticular cause,  taken  in  its  presence,  a  commission  shall  be 
appointed  to  take  the  testimony  in  question,  which  shall  be 


216  Chap.  IX.,  Par.  10.  219 

considered  as  if  taken  in  the  presence  of  the  court ;  of  which 
comission,  and  of  the  time  and  place  of  its  meeting,  due  notice 
shall  be  given  to  the  opposite  party,  that  he  may  have  an 
opportunity  of  attending.  And  if  the  accused  shall  desire,  on 
his  part,  to  take  testimony  at  a  distance,  for  his  own  exculpa- 
tion, he  shall  give  notice  to  the  court  of  the  time  and  place  at 
which  it  is  proposed  to  take  it,  that  a  commission,  as  in  the 
former  ease,  may  be  appointed  for  the  purpose.  Or  the  testi- 
mony may  be  taken  on  written  interrogatories,  by  filing  the  same 
with  the  clerk  of  the  court  having  jurisdiction  of  the  cause,  and 
giving  two  weeks'  notice  thereof  to  the  adverse  party,  during 
which  time  he  may  file  cross  interrogatories,  if  he  desire  it; 
and  the  testimony  shall  then  be  taken  by  the  commission  in 
answer  to  the  direct  and  cross-interrogatories,  if  such  are  filed, 
and  no  notice  need  be  given  of  the  time  and  place  of  taking  the 
testimony. 

If  the  court  refuses  to  appoint  a  commission  to 
take  evidence  for  the  prosecution,  the  refusal  must 
be  based  upon  the  ground  that  it  is  convenient  to 
take  the  evidence  in  the  presence  of  the  court; 
but  the  court  may  refuse  to  appoint  a  commission 
to  take  evidence  for  the  accused  without  assigning 
this  ground.  Otherwise,  the  accused  might  delay, 
or  make  practically  impossible,  the  progress  of  the 
trial  by  claiming  a  necessity  'for  taking  distant 
evidence.  If  the  court  appoints  a  commission  for 
the  prosecution,  the  court  fixes  the  time  and  place 
of  the  meeting  of  the  commission,  and  gives  due 
notice  to  the  accused ;  but  if  the  court  appoints  a 
commission  for  the  accused,  it  does  so  in  compli- 
ance with  his  request  as  to  time  and  place.  Or,  in 
either  case,  the  court  may  instruct  the  commission 
to  take  the  testimony  by  written  interrogatories. 
Neither  party  can  take  any  evidence  in  any  way 
except  before  the  court,  or  before  a  commission  of 
the  court  acting  as  the  court,  or  by  filing  written 
interrogatories  with  the  clerk  to  be  used  by  a  com- 
mission.    In  this  case  the   commission   shall  put 


220  Chap.  IX.,  Pars.  11,  12,  13,  14.  216-S19 

the  interrogatories  to  the  witnesses,  first  the  direct 
and  then  the  cross  interrogatories  to  each  witness, 
observing  all  the  regulations  for  taking  testimony  ex- 
cept that  no  questions  are  to  be  put  but  those  filed ; 
but  the  oath  or  affirmmation  may  be  administered, 
the  questions  put,  and  the  answers  received,  by  mail 
or  other  written  communication. 

216. — XI.  A  member  of  the  court  shall  not  be  disqualified 
from  sitthig  as  a  judge  by  having  given  testimony  in  the  case. 

217. — XII.  An  officer  or  private  member  of  the  church  re- 
fusing to  testify  may  be  censured  for  contumacy. 

But  not  for  refusing  to  testify  against  one's  hus- 
band or  wife  or  one's  self.  And  no  one  can  be  cen- 
sured for  such  contumacy  except  by  the  court 
having  jurisdiction  over  him,  and  after  conviction 
by  process  or  after  confession. 

218. — XIII.  If  after  a  trial  before  any  court  new  testimony 
be  discovered,  which  is  supposed  to  be  highlj^  important  to  the 
exculpation  of  the  accused,  it  is  proper  for  him  to  ask,  and  for 
the  court  to  grant  a  new  trial. 

Even  after  technical  acquittal,  the  accused  may  £sk 
for  a  new  trial,  in  order  to  make  his  vindication 
more  certain.  The  court  has  discretion  always  to 
grant  or  refuse  a  request  for  a  new  trial,  subject  to 
appeal  or  complaint. 

219. — XIV.  If,  in  the  prosecution  of  an  appeal,  new  testi- 
mony be  offered,  which,  in  the  Judgment  of  the  appellate  court, 
has  an  important  bearing  on  the  case,  it  shall  be  competent 
for  that  court  to  refer  the  cause  to  the  inferior  court  for  a  new 
trial ;  or,  with  the  consent  of  parties,  to  take  the  testimony 
and  proceed  with  the  cause. 

In  case  a  new  trial  is  ordered,  the  recorded  evi- 
dence taken  in  the  first  trial  is  valid  evidence,  if 
the  new  trial  is  ordered  simply  that  new  evidence 
may  be  taken  and  considered.   If  the  new  evidence  is 


220  Chap.  X.,  Par.  1.  221 

available  before  the  reviewing  court,  it  would  save 
time  for  that  court  to  take  the  new  evidence  and 
render  decision  and  sentence  as  if  the  court  of  first 
resort;  but  this  cannot  be  done  if  either  party 
objects.  At  the  same  time  this  court  has  discre- 
tion to  decide  the  case  without  sending  it  back  for 
a  new  trial  or  taking  the  new  evidence  either ;  for 
without  such  discretion  it  would  be  possible  to 
delay  a  final  decision  indefinitely. 


CHAPTEE  X. 

Of  the  Infliction  of  Church  Censures. 

After  a  preliminary  paragraph  on  the  use  of  the 
different  kinds  of  censure,  and  one  on  the  spirit 
that  should  actuate  the  court  in  inflicting  them,  a 
paragraph  on  each  censure  follows:  admonition, 
definite  suspension,  indefinite  suspension,  excom- 
munication, and  deposition. 

220. — I  Ecclesiastical  censures  ought  to  be  suited  to  the 
nature  of  the  offence;  for  private  offences,  censures  should  be 
administered  in  the  presence  of  the  court  alone,  or  privately, 
by  one  or  more  members  on  its  behalf;  but  for  public  offences, 
censures  should  be  administered  in  open  session,  or  publicly 
announced  to  the  church.  When  there  are  peculiar  and  special 
reasons,  the  court  may  visit  public  offences,  not  very  gross  in 
their  character,  with  private  admonition,  or  with  definite  sus- 
pension in  private;  but  the  censure  of  indefinite  suspension 
should  ordinarily  be  announced  to  the  church;  whilst  those  of 
excommunication  and  deposition  should  be  either  adminis- 
tered before  the  church,  or  else  announced  to  it,  at  the  discre- 
tion of  the  court. 

Admonition  for  private  offences  must  be  adminis- 
tered either  by  a  committee  in  private,  or  before 


222  Chap.  X.,  Pars.  2,  3,  4,  5.       221-224 

the  court  in  private  session ;  all  other  censures 
must  be  administered  in  the  presence  of  the  court, 
but  whether  in  open  or  private  session  is  within 
the  discretion  of  the  court.  Any  censure,  except 
private  admonition,  administered  in  private  session, 
may  be  announced  to  the  church  (or  Church,  in  the 
case  of  Ministers),  and  excommunication  and  dis- 
position must  be. 

221. — II.  When  any  member  or  officer  of  the  Church  shall 
be  guili^y  of  a  fault  deservmg  censure,  the  court  shall  pro- 
ceed with  all  tenderness,  and  shall  deal  with  the  offending 
brother  in  the  spirit  of  meekness,  the  members  considering 
themselves,  lest  they  also  be  tempted. 

(Cf.  172. 

222. — III.  The  censure  of  admonition  ought  to  be  adminis- 
tered in  private,  by  one  or  more  members,  in  behalf  of  the 
court,  when  the  offence  is  not  aggravated,  and  is  known  only 
to  a  few.  When  the  scandal  is  public,  the  admonition  sha'l  be 
administered  by  the  Moderator  in  the  presence  of  the  court, 
and  ordinarily  shall  also  be  announced  in  public. 

If  administered  in  public,  that  is  announcement  in 
public. 

223. — IV.  Definite  supension  being  an  exemplary  censure, 
ought  ordinarily  to  be  either  administered  in  open  session,  or 
announced  to  the  church. 

"Ordinarily"  leaves  the  court  discretion.  The  an- 
nouncement is  to  be  made  in  such  way  and  by 
such  agent  as  the  court  may  order. 

224. — v.  The  censure  of  indefinite  suspension  ought  to  be 
inflicted  with  great  solemnit5^  that  it  may  be  the  means  of  im- 
pressing the  mind  of  the  delinquent  with  a  proper  sense  of  his 
danger,  while  he  stands  excluded  from  the  sacraments  of  the 
Church  of  the  living  God,  and  that  with  the  divine  blessing,  it 
may  lead  him  to  repentance.  When  the  court  has  resolved  to 
pass  this  sentence,  the  Moderator  shall  address  the  offending 
brother  to  the  following  purpose  : 

"Whereas,  You,  A.  B.  (here  describe  the  person  as  a  Min- 


225  Chap.  X.,  Pars.  5,  6.  223 

ister,  Ruling  Elder,  Deacon,  or  private  member  of  the  Church), 
are  convicted  by  sufficient  proof  [or,  are  guilty  by  your  own  con- 
fession ],  of  the  sin  of (here  insert  the  offence),  we,  the  Pres- 
bytery [or  church  Session]  of  C.  D.,  in  the  name  and  by  the 
authority  of  the  Lord  Jesus  Christ,  do  now  declare  you  sus- 
pended from  the  sacraments  of  the  Church  [and  from  the  exer- 
cise of  your  office],  until  you  give  satisfactory  evidence  of  re- 
pentance." 

To  this  shall  be  added  such  advice  or  admonition  as  shall 
be  judged  necessary,  and  the  whole  shall  be  concluded  with 
prayer  to  Almighty  God  that  he  would  follow  this  act  of  disci- 
pline with  his  blessing. 

The  language  "  when  the  court  has  resolved  to 
pass  this  sentence,"  must  be  taken  as  equivalent 
to  "when  the  sentence  has  been  passed"  (cf.  225) ; 
and  this  and  all  other  censures  are  to  be  adminis- 
tered at  such  time  and  place  as  the  court  may  de- 
signate, and  in  such  terms  as  the  court  has  ordered. 
The  "and"  in  the  parenthesis  "and  from  the  ex- 
ercise of  your  office,"  must  be  taken  as  equiva- 
lent to  "or"  also,  since  an  officer  may  be  sus- 
pended from  office  without  being  suspended  from 
sealing  ordinances. 

225. — VI.  When  the  sentence  of  excommunication  has  been 
regularly  passed,  the  Moderator  of  the  Session  shall  make  a 
public  statement  before  the  church  of  the  several  steps  which 
have  been  taken  with  respect  to  the  offending  brother,  and  in- 
form them  that  it  has  been  found  necessary  to  cut  him  off  from 
the  communion  of  the  Church,  He  shall  then  show  the  au- 
thority of  the  Church  to  cast  out  unworthy  members,  from 
Matt,  xviii.  15-18  and  1  Cor.  v.  1-5,  and  shall  explain  tho 
nature,  use  and  consequence  of  this  censure,  warning  the  peo- 
ple, that  they  are  to  conduct  themselves,  in  all  their  intercourse 
with  him,  as  is  proper  toward  one  who  is  under  the  heaviest 
censure  of  the  Church,  lie  shall  then  pronounce  sentence  to 
the  following  effect : 

"  Wheeeas,  a.  B.,  a  member  of  this  church,  has  been,  by 

sufficient  proof,  convicted  of  the  sin  of ,  and  after  much 

admonition  and  prayer,  obstinately  refuses  to  hear  the  Church, 
and  has  manifested  no  evidence  of  repentance :  Therefore,  in 


224  Chap.  X.,  Par.  7.  226 

the  name  and  by  the  authority  of  the  Lord  Jesus  Christ,  we, 
the  Session  of  the  church  of  C.  D.,  do  pronounce  him  to  be  ex- 
cluded from  the  sacraments,  and  cut  off  from  the  fellowship  of 
the  Church." 

After  which  prayer  shall  be  made  that  the  blessing  of  God 
may  follow  his  ordinance,  for  the  conviction  and  reformation 
of  the  excommunicated,  and  for  the  establishment  of  all  true 
believers. 

For  the  excommunication  of  a  Minister,  see  226. 
Notwithstanding  the  language  here  used  assumes 
that  no  one  will  be  excommunicated  who  confesses 
his  fault,  yet,  unless  repentance  accompany  con- 
fession, the  court  may  excommunicate ;  but  no  one 
is  to  be  excommunicated  who  manifests  repentance. 

226. — VII.  The  sentence  of  deposition  shall  be  pronounced 
by  the  Moderator  in  words  of  the  following  import : 

"Whereas,  A.  B.,  a  Minister  of  this  Presbytery  [or  a 
Ruling  Elder  or  Deacon  of  this  Church],  has  been  proved,  by 

sufficient  evidence,  to  be  guilty  of  the  sin  of  ,  we,  the 

Presbytery  [or  church  Session]  of  C.  D.,  do  adjudge  him 
totally  disqualified  for  the  office  of  the  Christian  ministry  [or 
Eldership  or  Deaconship],  and  therefore  we  do  hereby,  in  the 
name  and  by  the  authority  of  the  Lord  Jesus  Christ,  depose 
from  the  office  of  a  Christian  Minister  [or  Elder,  or  Deacon], 
the  said  A,  B.,  and  do  prohibit  him  from  exercising  any  of  the 
functions  thereof." 

If  the  sentence  include  suspension  or  excommunication,  the 
Moderator  shall  proceed  to  say:  "We  do  moreover,  by  the 
same  authority,  suspend  the  said  A.  B.  from  the  sacraments  of 
the  Church,  until  he  shall  exhibit  satisfactory  evidence  of  sin- 
cere repentance,"  or  "exclude  the  said  A.  B.  from  the  sacra- 
ments, and  cut  him  off  from  the  fellowship  of  the  Church., 

The  sentence  of  deposition  ought  to  be  inflicted  with  solem- 
nities similar  to  those  already  prescribed  in  the  case  of  excom- 
munication. 

Notwithstanding  the  literal  implication  of  the 
language  here  used,  an  officer  may  be  deposed  upon 
his  own  confession,  and  even  when  he  manifests 
repentance  (202),  but  he  may  not  be  excommuni- 
cated if  he  manifests  repentance. 


226  Chap.  XI.  225 

It  may  be  in  place  here  to  add  the  following  ob- 
servations : 

1.  The  censure  is  always  to  be  inflicted  by  the 
court  having  original  jurisdiction.  If  the  Presby- 
tery takes  the  place  of  the  Session,  then  the  Pres- 
bytery is,  for  that  case,  the  court  having  original 
jurisdiction.  If  it  should  be  that  the  court,  whose 
duty  it  is  to  inflict  the  sentence,  does  not  approve 
the  sentence,  it  is  bound  to  obey  the  court  render- 
ing the  final  decision ;  but  it  may  disclaim  its  own 
approval  of  the  sentence  even  when  inflicting  it. 

2.  The  court  may  appoint  any  member  to  act  as 
Moderator  of  the  court  in  administering  censure,  if 
the  Moderator  desires  it ;  but  if  one  finds  himself 
required  as  Moderator  to  pronounce  a  sentence 
that  he  does  not  himself  approve,  he  may  disclaim 
his  approval. 

3.  A  sentence  is  inflicted  when  formally  pro- 
nounced, whether  the  condemned  person  is  present 
or  not. 

4.  No  sentence  ought  to  be  inflicted  until  after 
the  time  within  which  notice  of  an  appeal  can  be 
given  (258). 

5.  The  sentence  takes  effect  from  its  passage 
(subject  to  258),  whether  it  is  ever  formally  in- 
flicted or  not,  the  formal  infliction  being  a  means 
of  grace  in  addition  to  the  real  sentence  itself. 


CHAPTEE  XI. 

Of  the  Kemoval  of  Censures. 

The  censure  of  admonition  not  affecting  one's 
standing,  and  the  censure  of  definite  suspension 
15 


226  Chap.  XI.,  Pars.  1,  2.         227,  228 

terminating  without  further  action  at  the  time  set, 
nothing  is  said  in  this  chapter  concerning  the  re- 
moval of  these  two  censures.  Paragraph  1  points 
out  how  the  rulers  of  the  church  should  deal  with 
one  suspended  from  the  sacraments;  and  para- 
graph 2,  how  the  court  should  proceed  in  restoring 
a  suspended  ofiender.  Paragraph  3  treats  of  the 
restoration  of  an  excommunicated  offender;  and 
paragraph  4,  of  one  deposed.  Special  regulations 
are  given  in  paragraph  5  concerning  Elders  and 
Deacons  restored  after  deposition ;  in  paragraph  6, 
concerning  the  restoration  of  offenders  who  have 
removed  beyond  the  reach  of  the  court ;  and  in 
paragraph  7,  concerning  the  restoration  of  a  de- 
posed Minister. 

227. — I.  After  any  person  has  been  suspended  from  the 
sacraments,  it  is  proper  that  the  rulers  of  the  church  should 
frequently  converse  with  him,  as  well  as  pray  with  him  and 
for  him,  that  it  would  please  God  to  give  him  repentance. 

Whether  a  suspended  offender  is  going  to  be  re- 
stored or  excommunicated  is  a  pending  question, 
and  never  should  the  status  of  suspension  be  con- 
sidered permanent.     He  is  not  yet  cut  off. 

228.  —II.  When  the  court  shall  be  satisfied  as  to  the  reality  of 
the  repentance  of  a  suspended  offender,  he  shall  be  admitted  to 
profess  his  repentance,  either  in  the  presence  of  the  court  alone, 
or  publicly,  and  be  restored  to  the  sacraments  of  the  Church, 
and  to  his  oflice,  if  such  be  the  judgment  of  the  court,  which 
restoration  shall  be  declared  to  the  penitent  in  words  of  the 
following  import: 

"  Wheeeas,  You,  A.  B.,  have  been  debarred  from  the 
sacraments  of  the  Church  [and  from  the  office  of  the  gospel 
Ministry,  or  Eldership,  or  Deaconship],  but  have  now  mani- 
fested such  repentance  as  satisfies  the  Church,  we,  the  Session 
(or  Presbytery)  of  C.  D.,  do  hereby,  in  the  name  and  by  the 
authority  of  the  Lord  Jesus  Christ,  absolve  you  from  the  said 
sentence  of  suspension,  and  do  restore  you  to  the  full  enjoy- 


229  Chap.  XI.,  Par.  3.  227 

ment  of  sealing  ordinances  [and  the  exercise  of  your  said  office, 
and  all  the  functions  thereof]." 

After  which  there  shall  be  prayer  and  thanksgiving. 

The  court  is  not  obliged  to  restore  upon  satis- 
factory repentance,  since,  in  some  cases,  continu- 
ance of  suspension  may  be  necessary  to  remove  all 
scandal;  nor  is  restoration  to  office  obliged  to 
accompany  restoration  to  the  sacraments.  The 
"  and "  at  the  beginning  of  each  set  of  brackets 
must  be  interpreted  as  equivalent  to  *'or"  also. 
Cf.  remarks  on  224. 

229. — III.  When  an  excommunicated  person  shall  be  so 
affected  with  his  state  as  to  be  brought  to  repentance,  and  to 
desire  to  be  readmitted  to  the  communion  of  the  Church,  the 
Session,  having  obtained  sufficient  evidence  of  his  sincere  re- 
pentance, shall  proceed  to  restore  him.  In  order  to  which,  the 
presiding  Minister  shall  inform  the  church  of  the  measures 
which  have  been  taken  with  the  excommunicated  person,  and 
of  the  resolution  of  the  Session  to  restore  him . 

On  the  day  appointed  for  his  restoration,  the  Minister  shall 
call  upon  the  excommunicated  person,  and  propose  to  him  in 
the  presence  of  the  congregation  the  following  questions: 

"Do  you,  from  a  deep  sense  of  your  great  wickedness, 
freely  confess  your  sin  in  thus  rebelling  against  God,  and  in 
refusing  to  hear  his  Church;  and  do  you  acknowledge  that 
you  have  been  in  justice  and  mercy  cut  off  from  the  communion 
of  the  Church?  Anfucef.—I  do.  Do  you  now  voluntarily  pro- 
fess your  sincere  repentance  and  contrition  for  your  sin  and 
obstinacy;  and  do  you  humbly  ask  the  forgiveness  of  God  and 
his  Church?  Answer. — I  do.  Do  you  sincerely  promise, 
through  divine  grace,  to  live  in  all  humbleness  of  mind  and 
circumspection;  and  to  endeavor  to  adorn  the  doctrine  of 
God  our  Saviour,  by  having  your  conversation  as  becometh  the 
gospel?     Ansirer. — I  do." 

Here  the  minister  shall  give  the  penitent  a  suitable  exhorta- 
tion, encouraging  and  comforting  him.  Then  he  shall  pro- 
nounce the  sentence  of  restoration  in  the  following  words  : 

"  Wheeeas,  You,  A,  B.,  have  been  shut  out  from  the  com- 
munion of  the  Church,  but  have  now  manifested  such  repent- 
ance as  satisfies  the  Church ;  in  the  name  of  the  Lord  Jesus 
Christ,  and  by  his  authority,  we,  the  Session  of  this  church,  do 


228  Chap.  XI.,  Par.  3.  229 

declare  you  absolved  from  the  sentence  of  excommunication 
formerly  denounced  against  you ;  and  we  do  restore  you  to  the 
communion  of  the  Church,  that  you  may  be  a  partaker  of  all 
the  benefits  of  the  Lord  Jesus  to  your  eternal  salvation." 

The  whole  shall  be  concluded  with  prayer  and  thanksgiving. 

Here  again  it  is  to  be  noted  that  restoration  is 
not  necessarily  to  follow  immediately  after  satis- 
factory evidence  of  repentance.  (Remark  under 
228.)  The  presence  of  the  offender  in  the  congre- 
gation is  not  indispensable,  in  such  a  sense  that  he 
could  not  be  restored  while  unable  to  attend ;  but 
in  that  case  it  should  be  certified  to  the  church 
publicly  that  the  offender  is  not  able  to  be  present 
and  that  he  has  given  the  right  answers  to  these 
questions. 

It  is  noteworthy  that  a  suspended  member  is 
spoken  of  as  suspended  (224)  or  debarred  (228) 
from  the  sacraments  of  the  Church,  and  an  excom- 
municated person  as  cut  off  from  the  communion 
of  the  Church  (225,  229).  The  suspended  offender 
is  still  a  member  of  the  Church,  participating  in 
the  communion  of  life  a  ad  sympathy  of  the  brother- 
hood as  one  of  them,  while  excluded  from  the  sac- 
raments for  the  time  by  way  of  reproof  and  in  hope 
of  his  restoration ;  but  the  excommunicated  mem- 
ber is  no  longer  a  member  of  the  Church.  Ought 
he,  then,  to  be  baptized  at  his  restoration  ?  By  no 
means ;  since  his  baptism  at  first  did  not  make  him 
a  member,  but  only  recognized  his  membership 
(paragraph  3,  remarks);  and  the  sin  that  has  un- 
made him  a  member,  ceasing  with  repentance, 
ceases  to  effect  this  result.  One  does  not  shake  off 
the  obligations  of  membership  by  being  excom- 
municated, but  does  definitely  lose  all  its  privi- 
leges.    The  suspended  loses  them  tentatively. 


230-232        Chap.  XI.,  Pars.  4,  5,  6.  229 

230. — IV.  The  restoration  of  a  deposed  officer,  after  public 
confession  has  been  made  in  a  manner  similar  to  that  pre- 
scribed in  the  case  of  the  removal  of  censure  from  an  excom- 
municated person,  shall  be  announced  to  him  in  the  following 
form,  viz.  : 

"Whekeas,  You,  A.  B.,  formerly  a  Minister  of  this  Pres- 
bytery [or  a  Ruling  Elder  or  Deacon  of  this  church],  have  been 
deposed  from  your  ofiice,  but  have  now  manifested  such  re- 
pentance as  satisfies  the  Church;  in  the  name  of  the  Lord 
Jesus  Christ,  and  by  his  authority,  we,  the  Presbytery  of  C.  D. 
[or  the  Session  of  this  church],  do  declare  you  absolved  from 
the  said  sentence  of  deposition  formerly  pronounced  against 
you;  and  we  furthermore  restore  you  to  your  said  office  and 
to  the  exercise  of  all  the  functions  thereof,  whenever  you  may 
be  orderly  called  thereunto." 

After  which  there  shall  be  prayer  and  thanksgiving,  and  the 
members  of  the  court  shall  extend  to  him  the  right  hand  of 
fellowship. 

If  an  officer  is  restored  to  the  communion  and 
to  office  at  the  same  time,  then  it  would  be  proper 
to  pronounce  first  the  sentence  of  restoration  at 
the  end  of  229,  and  then  this  sentence  of  restora- 
tion at  the  end  of  230. 

An  officer  does  not  need  to  be  reordained  at  his 
restoration,  the  act  of  restoration  being  itself  the 
undoing  of  the  deposition. 

231.— V.  When  an  Elder  or  Deacon  has  been  absolved  from 
the  censure  of  deposition,  he  cannot  be  allowed  to  resume  the 
exercise  of  his  office  in  the  church  without  re-election  by  the 
people. 

But  when  absolved  from  suspension  from  office, 
re-election  of  a  Euling  Elder  or  Deacon,  or  of  a 
Pastor  w^hose  pastoral  relation  was  not  dissolved, 
is  not  necessary.  When  re-election  is  necessary, 
then  also  is  reinstallation. 

232.—  VI.  When  a  person  under  censure  shall  remove  to  a 
part  of  the  country  remote  from  the  court  by  which  he  was 
sentenced,  and  shall  desire  to  profess  repentance  and  obtain 
restoration,  it  shall  be  lawful  for  the  court,  if  it  deems  it  ex- 


230  Chap.  XI.,  Pars.  6,  7.  233 

pedient,  to  transmit  a  certified  copy  of  its  proceedings  to  the 
Session  (or  Presbytery)  where  the  delinquent  resides,  which 
shall  take  up  the  case  and  proceed  with  it  as  though  it  had 
originated  with  itself. 

In  other  words,  a  member  or  officer  under  cen- 
sure may  be  dismissed  from  one  court  to  another, 
his  exact  standing,  and  the  reasons  therefor  being 
certified ;  but  the  court  dismissing  a  deposed  Min- 
ister must  certify  its  consent  to  his  restoration. 
(Par.  203.) 

233. — VII.  In  proceeding  to  restore  a  suspended  or  deposed 
Minister,  it  is  the  duty  of  the  Presbytery  to  exercise  great 
caution:  first  admitting  him  to  the  sacraments,  if  he  has  been 
debarred  from  the  same;  afterwards  granting  him  the  privilege 
of  preaching  for  a  season  on  probation,  so  as  to  test  the  sin- 
cerity of  his  repentance  and  the  prospect  of  his  usefulness; 
and  finally  restoring  him  to  his  office.  But  the  case  shall  al- 
ways be  suhjudice  until  the  sentence  of  restoration  has  been 
pronounced. 

This,  of  course,  does  not  apply  to  suspension 
without  censure. 

Some  observations  are  here  added  touching  the 
removal  of  censures. 

1.  The  court  that  acts  in  the  removal  of  censure 
is  not  a  court  representing  the  Church  as  a  judge, 
nor  as  an  accuser,  but  rather  as  a  parent.  Hence, 
all  the  members  of  the  court  not  under  censure 
have  voice  and  vote  therein. 

2.  The  court  cannot  remove  a  censure  with- 
out repentance  on  the  part  of  the  offender. 
But  if  the  Church  should  come  to  believe  that  she 
had  erred  in  the  sentence  of  censure,  how  can  she 
rectify  her  wrong?  By  a  new  trial  in  the  court  of 
first  resort,  if  new  evidence  has  been  discovered; 
and  by  reconsideration  in  the  court  that  passed 
the  final  sentence. 


234  Chap.  XII.,  Par.  1.  231 

3.  The  censure  is  not  removed  until  the  sentence 
of  removal  has  been  pronounced,  after  being  or- 
dered by  the  court. 


CHAPTEE  XII. 

Of  Cases  Without  Process. 

These  are  not  acts  of  technical  discipline,  as 
there  is  no  judicial  prosecution;  and  yet  there  is 
one  part  of  process  whenever  a  judgment  of  cen- 
sure is  rendered.  Process  is  a  means  of  determin- 
ing whether  to  use  censure,  and  may  be  dispensed 
with  when  not  needed  for  this  end. 

Four  cases  are  here  enumerated:  confession  of 
guilt;  confession  of  an  unrcgenerate  heart;  confes- 
sion of  a  lack  of  a  call  to  office ;  and  renunciation 
of  the  communion  of  the  Church. 

234. — I.  When  any  person  shall  come  forward  and  make  his 
offence  known  to  the  court,  a  full  statement  of  the  facts  shall 
be  recorded,  and  judgment  rendered  without  process. 

It  is  essential  that  the  person  intends  to  confess 
and  permit  the  court  to  render  judgment  without 
process.  Statements  made  by  him  in  the  presence 
of  the  court  must  not  be  taken  as  the  basis  of 
judgment  without  process  except  by  his  consent; 
for  that  would  be  to  deprive  him  of  his  right.  And 
the  full  statement  of  facts  should  be  approved  by 
him  as  correct  before  the  court  proceeds  to  render 
judgment.  Against  the  judgment  rendered  the 
person  condemned  may  complain.  Of  course,  the 
words  "  any  person  "  must  be  interpreted  as  mean- 


232  Chap.  XII.,  Par.  2.  235 

ing  any  person  subject  to  judicial  prosecution  be- 
fore the  particular  court. 

235. — II.  When  a  communicating  member  shall  confess  be- 
fore the  church  Session  an  unregenerate  heart,  and  there  is  no 
evidence  of  other  offence,  the  court  may  transfer  his  name  to 
the  roll  of  non-communicating  members,  and  he  shall  be  faith- 
fully warned  of  his  guilt  in  disobeying  the  gospel,  and  encour- 
aged to  seek  the  redemption  freely  offered  in  Christ;  and  a 
statement  of  the  case  shall  be  made  to  the  church.  But  this 
action  shall  not  be  taken  until  the  church  Session  has  ascer- 
tained, after  mature  inquiry  and  due  delay,  that  this  confes- 
sion does  not  result  from  Satanic  temptation  or  transient 
darkness  of  spirit.  This  rule,  however,  shall  not  be  applied 
to  those  who  wilfully  absent  themselves  from  the  Lord's  table, 
which  is  always  an  offence. 

It  is  fundamental  to  the  interpretation  of  this  par- 
agraph to  remember  that  ''  communicating  mem- 
ber" does  not  mean  merely  a  member  that  really 
communicates  or  partakes  of  the  Lord's  supper, 
but  any  member  whose  name  is  on  the  roll  of 
those  that  have  been  admitted  to  the  Lord's  sup- 
per, whether  he  communicates  or  not,  therefore  in- 
cludes those  who  habitually  absent  themselves 
from  the  Lord's  supper.  It  is  manifest  that  an  un- 
regenerate heart  is  an  offence  in  this  case ;  for  it  is 
something  in  principle  and  practice  contrary  to  the 
Word  of  God,  is  something  contrary  to  the  Word  cf 
God  as  interpreted  in  the  standards,  and  is  some- 
thing in  the  principles  or  practice  of  a  church  mem- 
ber professing  faith  in  Christ.  For  up  to  this  con- 
fession of  an  unregenerate  heart,  the  member  was 
professing  faith  in  Christ,  the  confession  on  which  ho 
was  admitted  to  the  communion  of  the  Church  still 
continuing  until  by  this  confession  withdrawn.  But 
if  there  is  no  evidence  of  other  offence,  the  court 
may  transfer  his  name  to  the  roll  of  non-communi- 


235  Chap.  XII.,  Par.  2.  233 

eating  members.  This  is  not  admonition,  for  ad- 
monition is  to  be  added  to  this,  and  mere  admoni- 
tion would  not  affect  his  standing  or  status  as  a 
member.  It  is  not  suspension,  for  that  does  not 
transfer  his  name  from  the  roll  of  communicating 
members.  It  is  not  excommunication,  for  it  is  not 
for  "gross  crime  or  heresy,  when  the  offender 
shows  himself  incorrigible  and  contumacious." 
But  it  is  essentially  suspension,  since  it  does,  like 
suspension,  exclude  from  the  sacraments.  It  is 
censure,  but  it  is  unique.  It  is  the  Church  putting 
back  one  of  its  children  under  that  censure  under 
which  she  holds  all  of  them  that  have  come  to 
years  of  discretion,  at  the  same  time  with  the  ac- 
knowledgment that  the  Church's  sole  reason  for  this 
action  is  a  confessed  unregenerate  heart.  Suspen- 
sion tentatively,  and  excommunication  permanently, 
puts  the  offender  under  the  same  censure,  but  upon 
other  grounds. 

A  statement  of  the  case  shall  be  made  to  the 
church.  If  one  is  not  willing  to  have  this  state- 
ment made,  he  is  not  willing  to  confess  ffar  enough 
to  preserve  the  Church  from  scandal  at  his  absent- 
insj  himself  from  the  Lord's  table.  He  is  still 
willing  to  remain  in  a  false  light  to  some. 

Since  one  may  be  led  to  make  this  confession, 
either  by  some  extraordinary  temptation  of  Satan, 
or  by  disease,  when  one  is  yet  really  regenerate. 
Sessions  are  to  take  due  time  and  caution  before 
acting  lest  they  countenance  a  sinful  disclaimer  of 
that  faith  which  one  really  has,  or  their  action 
may  make  to  the  hurt  of  one  already  wounded. 

"This  rule"  must  mean  the  rule  stated  in 
the  first  sentence  of  the  paragraph  of  which  the 


234  Chap.  XII.,  Par.  2.  235 

second  sentence  is  simply  a  modification.  The 
"however"  refers  to  the  second  sentence,  and  im- 
plies that,  however  completely  absent  may  be  all 
evidence  of  special  Satanic  temptation,  or  tran- 
sient darkness  of  spirit,  still  this  transfer  is  not  to 
be  made  upon  confession  of  an  unregenerate  heart, 
in  any  case  where  the  party  wilfully  absents  him- 
self from  the  Lord's  table.  This  is  always  an  of- 
fence, and  hence  it  is  "other  offence"  than  simply 
an  unregenerate  heart.  If  the  absence  from  the 
Lord's  table  appears  to  be  due  to  scruples  growing 
out  of  uncertainty  as  to  the  person's  right  to  com- 
municate, to  be  reluctant  rather  than  wilful,  then 
it  is  not  to  be  considered  an  offence,  and  does  not 
stand  in  the  way  of  this  transfer.  And  the  Session 
is  not  bound  to  transfer,  even  when  there  is  no  evi- 
dence of  other  offence,  and  no  "Satanic  tempta- 
tion or  temporary  darkness  of  spirit,"  The  rule  is 
not  intended  for  any  but  those  wdio,  otherwise  ex- 
emplary in  their  behavior,  are,  from  a  sense  of 
their  sin  in  not  accepting  Christ,  constrained  to 
deny  themselves  the  privilege  of  communicating, 
and  will  be  most  likely  won  in  this  way.  If  there 
are  other  offences,  regular  suspension  or  excom- 
munication should  be  the  censure  used,  and  one  of 
these  may  be  used  even  when  there  is  no  evidence 
of  other  offence.  Whenever  one  makes  this  confes- 
sion, the  Session  has  a  confession  of  an  offence,  a 
special  case  under  paragraph  1 ;  and  the  transfer, 
suspension,  or  excommunication  must  follow,  after 
due  delay,  unless  the  court  remains  in  doubt 
whether  the  confession  proceeds  from  mistake. 

This  is  not  a  convenient  way  for  the  disobedient 
or  dissatisfied  to  free  themselves  from  the  obliga- 


236  Chap.  XII.  Par.  3.  235 

tions  of  church  membership.  This  cannot  be  done. 
Their  vows  and  covenants  are  between  them  and 
Christ,  and  there  is  no  release  from  them  in  any 
way  or  at  any  time  whatever.  There  is  no  way  to 
get  out  of  the  Church ;  for  even  the  excommuni- 
cated are  still  members.  They  are  members  ex- 
cluded from  the  communion  of  the  Church,  but 
with  the  ligament  of  obligation  still  uncut. 

236. — III.  A  Minister  of  the  gospel,  against  whom  there 
are  no  charges,  if  fully  satisfied  in  his  own  conscience  that  God 
has  not  called  him  to  the  ministry,  or  if  he  has  satisfactory 
evidence  of  his  inability  to  serve  the  Church  with  acceptance, 
may  report  these  facts  at  a  stated  meeting.  At  the  next  stated 
meeting,  if  after  full  deliberation  the  Presbytery  shall  concur 
with  him  in  Judgment,  it  may  divest  him  of  his  office  without 
censure,  and  shall  assign  him  membership  in  some  particular 
church.  This  provision  shall  in  like  manner  apply,  mutatis 
mutandis,  to  the  case  of  Ruling  Elders  and  Deacons ;  but  in  all 
such  cases  the  Session  of  the  church  to  which  the  Elder  or 
Deacon  who  seeks  demission  belongs  shall  act  as  the  Presby- 
tery acts  in  similar  cases  where  a  Minister  is  concerned. 

This  provision  for  demission  of  office  makes  mani- 
fest that  ordination  does  not  put  one,  or  recognize 
one  as  being,  in  an  unchangeable  status  or  in  a 
fixed  relation  of  obligation  or  dignity.  Ordination 
is  not  an  indelible  mark.  Therefore,  if  one  divested 
of  his  office  should  be  again  put  into  the  same 
office,  it  would  be  proper  to  ordain  him  again. 

To  divest  of  office,  as  here  provided,  is  not  the 
same  as  to  dissolve  official  relations,  as  provided  in 
113  and  128.  An  officer  whose  official  relations  to 
a  particular  church  are  dissolved  is  still  in  the 
office  in  relation  to  the  Church  generally ;  but  one 
divested  of  his  office  has  henceforth  no  official  rela- 
tion, either  to  a  particular  church  or  to  the  Church 
generally.  Hence  the  court  may  divest  without 
consulting  the  particular  church. 


236  Chap.  XII.,  Par.  4.  237 

Three  elements  should  concur  in  a  call  to  the 
office,  the  man's  inward  conviction,  the  acceptance 
of  him  by  the  people,  and  the  approval  of  the 
court.  When  one  or  both  of  the  first  two  ele- 
ments seem  to  be  lacking,  then  the  man  himself 
or  the  court  (205)  may  raise  the  question  whether 
the  man  is  really  called  of  God ;  but  if  he  requests 
the  action,  the  court  divests  by  a  majority  vote, 
whereas,  if  the  court  proceeds  against  his  will,  it 
requires  a  two-thirds  vote  to  divest  (205). 

237. — IV.  When  a  member  or  officer  shall  renounce  the 
communion  of  this  Church  by  Joining  some  other  evangelical 
Church,  if  in  good  standing,  the  irregularity  shall  be  recorded, 
and  his  name  erased.  But  if  charges  are  pending  against  him, 
they  shall  be  communicated  to  the  church  which  he  has  Joined. 
If  the  denomination  be  heretical,  an  officer  shall  have  his 
name  stricken  from  the  roll,  and  all  authority  to  exercise  his 
office  derived  from  this  Church  shall  be  withdrawn  from  him  ; 
but  a  private  member  shall  not  be  otherwise  noticed  than  as 
above  prescribed. 

This  Church  is  a  distinct  ''communion"  in  the 
sense  that  all  its  members  have  a  certain  com- 
munion with  one  another  that  they  do  not  have 
with  members  of  other  denominations;  but  it  is 
not  out  of  communion  with  all  other  denominations 
in  a  broader  sense.  When,  then,  a  member  of  this 
communion  joins  another  communion  he  passes 
out  of  this  communion,  in  the  special  sense  in 
which  the  word  is  used  here.  The  regular  way  of 
doing  this  is  by  obtaining  testimonials  for  that 
purpose  from  the  proper  authorities  of  this  Church 
(Chap.  XV.);  and  if  done  without  first  obtaining 
such  testimonials,  it  is  an  irregularity,  and  an  ir- 
regularity so  serious  as  to  receive  here  the  epithet 
of    renouncing   the   communion   of    this   Church. 


238  Chap.  XIII.,  Par.  1.  237 

In  all  cases,  the  fact  is  to  be  recorded  and  the 
name  erased  from  our  rolls.  If  charges  are  pend- 
ing against  him,  they  shall  be  communicated  to  the 
church  or  Church  to  which  the  renouncing  mem- 
ber has  gone.  If  he  is  an  officer  and  that  denomi- 
nation is  heretical,  all  authority  to  exercise  his 
office  shall  be  withdrawn,  whether  there  are  any 
charges  to  communicate  or  not.  Charges  are 
"pending,"  if  they  have  been  already  presented  to 
the  proper  court  before  information  of  the  renuncia- 
tion, and  had  not  been  finally  disposed  of ;  and 
charges  may  be  considered  as  "pending"  if  already 
known,  although  no  formal  notice  had  been  taken 
of  them. 


CHAPTEK  XIII. 

Of  the  Modes  in  Which  a  Cause  May  be  Carried 
FROM  A  Lower  to  a  Higher  Court. 

A  cause  is  not  necessarily  a  case  of  judicial  pro- 
cedure. The  chapter  begins  by  defining  the  scope 
and  modes  of  review  by  higher  courts,  and  the 
right  of  members  of  the  inferior  court  to  sit  as 
members  of  the  higher  court.  Then  the  body  of 
the  chapter  falls  into  four  sections,  one  on  each  of 
the  four  ways  in  which  causes  may  be  carried  up. 

238.— I.  Every  decision  which  is  made  by  any  church  court, 
except  the  highest,  is  subject  to  the  review  of  a  superior  court, 
and  may  be  brought  before  it  by  general  review  and  control, 
reference,  appeal,  or  complaint. 

There  is  always  some  way  to  bring  into  a  higher 
court  whatever  has  been  done  or  neglected  by  an 
inferior  court,  so  that  everything  is  done  by  the 


238  Chap.  XIII.,  Par.  2;  Sec.  I.  239 

whole  Church  through  the  court  whose  action  is 
permitted  to  stand  as  final;  for  every  action  of  a 
court  is  either  the  action  of  the  Church  in  the 
General  Assembly,  or  may  be  brought  there  for 
approval  or  disapproval. 

239. — II.  When  a  matter  is  transferred  in  any  of  these 
ways  from  an  inferior  to  a  superior  court,  the  members  of  the 
the  inferior  court  shall  not  lose  their  right  to  sit,  deliberate, 
and  vote  in  the  ease  in  the  higher  courts,  except  that  either  of 
the  original  parties  may  challenge  the  right  of  any  member  of 
the  inferior  court  to  sit,  which  question  shall  be  decided  by 
the  vote  of  allthose  members  of  the  superior  court  who  are  not 
members  of  the  inferior. 

The  only  ground  on  which  such  a  challenge  can 
base  itself  is  that  the  persons  challenged  are  them- 
selves a  party,  or  for  some  other  reason  are  inca- 
pacitated to  be  considered  judicially  competent. 
But  even  in  the  case  of  process  against  an  inferior 
court,  the  members  of  that  court  are  not  parties, 
but  only  the  court  in  the  person  or  persons  of  its 
representatives  appointed  to  appear  for  it  in  the 
case. 

Section  I. — Of  General  Review  and  Control. 

The  first  four  paragraphs,  having  to  do  with  the 
review  of  the  records,  define  the  obligation  of  the 
inferior  court  to  send  up  its  records ;  what  ques- 
tions the  higher  court  is  to  ask  in  its  examination 
of  the  records ;  what  action  the  higher  court  shall 
take  by  way  of  correction ;  and  what  limitation  is 
put  to  its  power  of  revision.  The  fifth  paragraph 
asserts  the  power  of  the  reviewing  court  to  go  out- 
side of  the  records.  And  the  two  remaining  sec- 
tions treat  of  process  against  a  court,  the  last  par- 
ticularly prescribing  the  rules  of  such  process  after 
the  citation. 


240-'41     Chap.  XIII.,  Sec.  I.,  Pars.  1,  2.         239 

240. — I.  It  is  the  duty  of  every  court  above  a  churcn  Ses- 
sion, at  least  once  a  year,  to  review  the  records  of  the  proceed- 
ings of  the  courts  next  below. 

The  Assembly  reviews  the  records  of  each  of  the 
Synods;  each  Synod,  the  records  of  each  of  its 
Presbyteries ;  and  each  Presbytery,  the  records  of 
the  Session  of  each  of  its  churches. 

And  if  any  lower  court  shall  omit  to  send  up  its  records  fo 
this  purpose,  the  higher  court  may  issue  an  order  to  produce 
them,  either  immediately,  or  at  a  particular  time,  as  circum 
stances  may  require. 

Incidentally,  this  assumes  that  a  superior  court 
may  order  the  court  next  below  it  to  convene  at 
any  time  and  place. 

241. — II.  In  reviewing  the  i-ecords  of  an  inferior  court,  it  is 
proper  to  examine:  First,  Whether  the  proceedings  have  been 
constitutional  and  regular;  Secondly,  Whether  they  have  been 
wise,  equitable,  and  for  the  edification  of  the  Church;  Thirdly, 
Whether  they  have  been  correctly  recorded;  Fourthly,  Whe- 
ther the  lawful  injunctions  of  the  superior  courts  have  been 
obeyed. 

While  practically  the  superior  court  must  usually 
make  this  examination  through  committees,  these 
committees  should  be  so  selected  that  they  will  be 
superior  in  wisdom  in  each  case  to  the  court  whose 
records  they  are  to  review. 

An  act  may  be  constitutional  in  the  main,  but 
have  been  taken  in  disregard  of  certain  regulations 
of  the  Constitution  ;  irregular,  then,  means  uncon- 
stitutional in  a  minor  sense,  that  is,  contrary  to  less 
important  requirements  of  the  Constitution.  In 
all  cases  of  unconstitutionality  the  fact  is  to  be  re- 
corded in  the  review,  even  if  the  superior  court 
should  itself  be  persuaded  that  the  more  funda- 
mental principles  of  the  Constitution  required  the 


240  Chap.  XIII.,  Sec.  I.,  Par.  B.  242 

action  in  contravention  of  its  subordinate  regula- 
tions. But  even  actions  that  are  constitutional, 
that  is,  that  are  by  the  Constitution  put  in  the  dis- 
cretion of  the  court,  may  not  be  advisable.  When, 
therefore,  an  action  is  found  to  be  constitutional 
and  regular,  it  remains  to  inquire  whether  it  is 
wise,  and  especially  whether  it  is  equitable ;  for 
foolish  regularity  and  unjust  constitutionality  are 
prejudicial  to  the  true  edification  of  the  Church. 
An  action  which  is  unobjectionable  may  not  be 
correctly  recorded;  and  this  should  always  be 
noted,  with  an  intelligible  explanation  of  what  the 
correct  record  would  be.  And  the  court  may  have 
done  nothing  objectionable,  but  may  have  omitted 
to  obey  lawful  injunctions;  and  such  neglect  of 
obedience  should  never  be  passed  over  in  silence 
by  the  superior  court.  It  is  important,  indeed, 
that  superior  courts  abstain  from  commanding, 
except  where  they  have  authority  and  reason  for 
enjoining;  but  when  they  lay  an  injunction  they 
should  see  that  it  is  obeyed  ;  otherwise,  the  unity 
and  efficient  working  of  the  Church  are  impaired. 

The  feeling  that  the  thorough  examination  and 
criticisim  of  the  records  of  lower  courts  is  merely 
perfunctory,  a  thing  to  be  committed  to  such  mem- 
bers of  the  superior  court  as  may  not  be  wise 
enough  to  take  in  hand  more  serious  matters,  must 
work  great  loss ;  and,  on  the  other  hand,  thorough- 
ness and  wisdom  here,  without  hyper  criticism,  of 
course,  would  be  a  great  help  to  lower  courts  and 
a  great  gain  to  the  harmonious  and  successful 
working  of  our  system. 

242. — III.  In  most  cases  the  superior  court  may  be  consid- 
ered as  fulfilling  its  duty  by  simply  recording  on  its  own  minutes 


243, 244     Chap.  XIII.,  Sec.  I.,  Pars.  4,  5.         241 

the  approval,  the  correction  of  proceedings,  or  the  censure 
which  it  may  think  proper  to  pass  on  the  records  under  re- 
view ;  and  also  by  making  an  entry  of  the  same  in  the  book 
reviewed.  But  should  any  irregular  proceedings  be  found, 
such  as  demand  the  interference  of  the  superior  court,  the  in- 
ferior court  may  be  required  to  review  and  correct  them. 

The  action  of  an  inferior  court  that  is  constitu- 
tional, however  unwise,  the  inferior  court  cannot 
be  required  to  review  and  correct,  unless  such 
action  is  brought  before  the  superior  court  in  some 
other  way  than  by  general  review  and  control; 
but  the  superior  court  may  record  its  disapproval. 
Disobedience  to  lawful  injunctions  of  higher  courts 
is  irregular  or  unconstitutional. 

243. — IV.  In  cases  of  process,  however,  no  judgment  of  an 
inferior  court  shall  be  reversed  unless  it  be  regularly  brought 
up  by  appeal  or  complaint. 

However  unconstitutional  the  judgment  may  be, 
the  superior  court  cannot  reverse  it  (or  annul  it) 
under  general  review  and  control,  though  it  may 
censure  such  judgment  and  even  institute  process 
against  the  inferior  court  on  the  ground  of  it.  (245.) 
If,  however,  the  case  is  coming  before  the  review- 
ing court  by  appeal  or  complaint,  no  opinion  should 
be  expressed  on  the  case  in  its  general  review. 

244. —V.  Courts  may  sometimes  entirely  neglect  to  per- 
form their  duty,  by  which  neglect  heretical  opinions  or  corrupt 
practices  may  be  allowed  to  gain  ground;  or  offenders  of  a 
very  gross  character  may  be  suffered  to  escape ;  or  some  cir- 
cumstances in  their  proceedings  of  very  great  irregularity  may 
not  be  distinctly  recorded  by  them ;  in  any  of  which  cases 
their  records  will  by  no  means  exhibit  to  the  superior  court  a 
full  view  of  their  proceedings.  If,  therefore,  the  next  superior 
court  be  well  advised  that  anj-  such  neglect  or  irregularity  has 
occurred  on  the  part  of  the  inferior  court,  it  is  incumbent  on  it 
to  take  cognizance  of  the  same,  and  to  examine,  deliberate  and 


242  Chap.  XIII.,  Sec.  I.,  Par.  6  245 

judge  in  the  whole  matter  as  completely  as  if  it  had  been  re- 
corded, and  thus  brought  up  by  the  review  of  the  records. 

That  is,  in  reviewing  the  proceedings  of  an  infe- 
rior court,  the  superior  court,  proceeding  upon 
sufficient  evidence  outside  of  the  records,  may  re- 
cord in  its  own  and  the  inferior  court's  records,  or 
send  down  to  the  inferior  court,  such  corrections, 
censures  and  orders  as  if  the  full  evidence  had 
been  in  the  records. 

245.— YI.  When  any  court  having  appellate  jurisdiction 
shall  be  advised,  either  by  the  records  of  the  court  next  below, 
or  by  memorial,  either  with  or  without  protest,  or  by  any 
other  satisfactory  method,  of  any  important  delinquency  or 
grossly  unconstitutional  proceedings  of  such  court,  the  first 
step  shall  be  to  cite  the  court  alleged  to  have  offended  to  ap- 
pear by  representative  or  in  writing,  at  a  specified  time  and 
place,  and  to  show  what  it  has  done  or  failed  to  do  in  the  case 
in  question.  The  court  thus  issuing  the  citation  may  reverse 
or  redress  the  proceedings  of  the  court  below  in  other  than 
judicial  cases;  or  it  may  censure  the  delinquent  court;  or  it 
may  remit  the  whole  matter  to  the  delinquent  court,  with  an 
injunction  to  take  it  up  and  dispose  of  it  in  a  constitutional 
manner;  or  it  may  stay  all  further  proceedings  in  the  case,  as 
circumstances  may  require. 

In  the  exercise  of  general  review  and  control  the 
superior  court  may  go  so  far  as  to  enter  upon  the 
records  of  the  inferior  court  a  censure  of  the  re- 
cords (but  not  of  the  court),  or  send  to  the  inferior 
court  an  order  to  review  and  redress  irregular  pro- 
ceedings; but  in  the  exercise  of  its  jurisdiction 
by  process  the  superior  court  may  censure  the  in- 
ferior court  (and  not  its  records  merely),  and  may 
itself  reverse  and  redress  the  proceedings  (in 
other  than  judicial  cases)  instead  of  ordering  the 
inferior  court  to  reconsider  and  correct  them.  But 
the  superior  court  is  not  obliged  to  redress  wrongs 
by  its  own  action ;  it  may  order  the  court  to  do  so, 


346      Chap.  XIII.,  Sec.  I.,  Par.  7,  Sec.  II.     243 

or  to  stop  a  wrong  proceeding.  And,  of  course, 
the  result  of  process  against  an  inferior  court  may 
be  its  acquital  altogether.  Three  things  should  be 
borne  in  mind  concerning  the  power  of  a  superior 
court  to  try  a  next  inferior  court :  first,  the  infe- 
rior court  cannot  be  tried  for  its  action  as  a  court 
in  deciding  or  conducting  a  judicial  case,  since 
Judicial  cases  can  come  before  the  higher  court 
only  by  reference,  appeal  or  complaint ;  the  lower 
court  may  be  censured,  but  not  its  members,  since 
the  individual  cannot  be  tried  except  in  the  court 
having  original  jurisdiction  over  him ;  and  no  in- 
ferior court  may  be  censured  except  after  convic- 
tion on  regular  trial,  any  more  than  an  individual. 

246 — VII.  In  process  against  an  inferior  court,  the  trial 
shall  be  conducted  according  to  the  rules  provided  for  process 
against  individuals,  so  far  as  they  may  be  practicable. 

Of  the  rules  in  Chap.  YI.,  173-78  are  superseded 
by  245 ;  179  and  180  are  not  applicable,  nor  191 ; 
and  instead  of  190  it  lies  in  the  nature  of  the  case 
that  the  accused  court  must  be  represented  by  one 
or  more  persons  appointed  by  itself  or,  in  case  of 
its  failure  to  answer  citation,  by  the  superior  court, 
and  said  counsel  must  have  membership  in  one  or 
both  the  courts.  The  general  rules  of  evidence 
will  be  the  same  as  in  the  trial  of  individuals. 

Section  II. — Of  References. 

The  first  paragraph  defines  reference,  and  the 
second  paragraph  states  what  are  proper  subjects 
of  reference;  the  third  paragraph  prescribes  the 
objects  of  references,  and  the  fourth  the  effect  of 
references  upon  the  cases  referred ;  the  fifth  para- 
graph discourages  the  resort  to  references;  the 
16 


244       Chap.  XIII.,  Sec.  II.,  Pars.  1,  2,  3.  247-'49 

sixth  gives  liberty  of  abstaining  from  action  to  the 
superior  court,  and  the  seventh  limits  the  right  of 
referring  to  any  but  to  the  next  highest  court ;  and 
the  eighth  paragraph  requires  proper  records  to 
be  sent  up. 

247. — I.  A  reference  is  a  representation  of  a  matter  not  yet 
decided,  made  by  an  inferior  to  a  superior  court,  which  repre- 
sentation ought  always  to  be  in  writing. 

Cf.  77 : 2.  A  matter  decided  goes  to  the  superior 
court  in  the  regular  records  sent  up  for  general 
review,  and  may  also  be  brought  there  by  appeal 
or  complaint;  but  the  court  itseJf,  instead  of 
making  a  decision,  may  refer  the  question.  This 
applies  also  to  judicial  cases,  and  the  court  may 
refer  without  consent  of  parties;  but  the  parties 
must  be  heard  in  the  superior  court  just  as  in  the 
inferior  court  on  the  same  question. 

248. — II.  Cases  which  are  new,  important,  difficult  or  of 
peculiar  delicacy,  the  decision  of  which  may  establish  princi- 
ples or  precedents  of  extensive  influence;  on  which  the  senti- 
ments of  the  inferior  court  are  greatly  divided ;  or  on  which 
for  any  reason  it  is  desirable  that  a  superior  court  should  first 
decide,  are  proper  subjects  of  reference. 

It  would  be  within  the  discretion  of  the  superior 
court  to  decline  to  entertain  a  reference  on  the 
ground  that  it  was  not  a  proper  case. 

249. — III.  References  are  either  for  mere  advice,  prepara- 
tory to  a  decision  by  the  inferior  court,  or  for  ultimate  decision 
by  the  superior  court. 

And  the  inferior  court  should  always  distinctly 
state  its  desire,  whether  for  advice,  merely,  or  for 
an  ultimate  decision.  If  the  reference  asks  for 
advice  only,  the  superior  court  cannot  make  an 
ultimate  decision. 


S50-'54  Chap.  XIII.,  Sec.il, Pars.  4, 5, 6, 7, 8.   245 

250.  —IV.  In  the  former  case  the  reference  only  suspends 
the  decision  of  the  court  from  which  it  comes ;  in  the  latter,  it 
submits  the  whole  case  to  the  final  judgment  of  the  superior 
court. 

251. — V.  Although  references  may,  in  some  cases,  be 
proper,  yet  it  is  generally  conducive  to  the  good  of  the  Church 
that  every  court  should  fulfil  its  duty  by  exercising  its  judg- 
ment. 

A  tiling  should  be  done  by  the  appropriate  organ ; 
and  only  when  the  special  distribution  of  powers 
among  the  courts  adopted  in  the  Form  of  Govern- 
ment seems  really  to  put  a  work  upon  an  unlit 
organ,  ought  references  to  be  resorted  to. 

252. — VI.  A  reference  ought,  generally,  to  procure  advice 
from  the  superior  court,  yet  that  court  is  not  bound  to  give  a 
final  judgment,  but  may  remit  the  whole  case,  either  with  or 
without  advice,  to  the  court  by  which  it  was  referred. 

The  superior  is  not  bound  to  give  a  final  judgment, 
even  when  the  reference  asks  for  it. 

253. — VII.  References  by  any  court  are  to  be  made  to  the 
court  immediately  superior. 

But  the  court  to  which  a  reference  has  come  may 
refer  the  same  question  to  the  court  next  above  it ; 
but  it  may  not  ask  the  court  above  it  to  do  more 
than  it  was  itself  asked  to  do ;  a  court,  for  instance, 
asked  for  advice,  cannot  ask  a  superior  court  for 
an  ultimate  decision. 

254. — VIII.  When  a  court  makes  a  reference,  it  ought  to 
have  all  the  testimony  and  other  documents  duly  prepared, 
produced,  and  in  perfect  readiness,  so  that  the  superior  court 
may  be  able  to  fully  consider  and  issue  the  case  with  as  little 
difiiculty  and  delay  as  possible. 

The  inferior  court  may  decide  at  any  stage  of  its 
own  consideration  to  make  a  reference  ;  and  all  the 
testimony,  etc.,  up  to  that  stage  should  be  put  in 


246  Chap.  XIII.,  Sec.  III.,  Par.  1.  255 

perfect  readiness  for  the  superior  court.  Mani- 
festly, it  is  not  contemplated  that  a  judicial  case  will 
be  referred  before  the  evidence  has  all  been  taken ; 
and  yet  this  is  not  forbidden,,  since  the  very  dffi- 
3ulty  might  hang  around  questions  as  to  the  taking 
and  admission  of  evidence. 

Section  III. — Of  Appeals. 

Six  paragraphs  regulate  the  taking  of  an  appeal ; 
and  the  last  six,  the  disposal  of  it.  After  defining 
an  appeal,  and  the  parties  to  whom  it  is  permissi- 
ble, in  the  first  two  paragraphs,  the  section  enum- 
erates the  grounds  upon  which  an  appeal  may  be 
taken,  in  the  third  paragraph.  And  the  fourth 
paragraph  gives  special  regulations  concerning  the 
notice  of  appeal,  the  fifth  prescribes  to  what  court 
it  may  be  taken,  and  the  sixth  controls  the  ap- 
pearance of  the  parties  before  the  superior  court. 
Then  the  last  six  paragraphs  present,  fipst,  the 
order  of  proceedings ;  second,  the  scope  of  the  de- 
cision ;  third,  when  an  appellant  is  to  be  regarded 
as  abandoning  his  appeal;  fourth,  what  is  to  be 
done  with  an  appellant  manifesting  a  wrong  spirit; 
fifth,  what  effect  the  taking  of  the  appeal  has  on 
the  force  of  the  judgment  appealed  from  ;  and 
sixth,  what  shall  be  done  with  a  court  neglecting 
to  send  up  the  record  of  a  case. 

255. — I.  An  appeal  is  the  removal  of  a  cause  already  de- 
cided, from  an  inferior  to  a  superior  court,  the  effect  of  which 
is  to  arrest  sentence  until  the  matter  is  finally  decided.  It  is 
allowable  only  after  Jndj?ment  has  been  rendered,  and  to  the 
party  against  whom  the  decision  has  been  rendered. 

Appeal  differs  from  general  review  in  three  par- 
ticulars :    first,  it  and  general  review  cannot  bring 


256  Chap.  XIII.,  Sec.  III.,  Par.  2.  247 

the  same  issues  before  the  superior  court;  the 
issue  is  brought  by  express  action  of  a  party,  and 
not  as  a  matter  in  course  by  the  records ,  and  it 
does  not  permit  the  inferior  court  to  be  censured 
for  its  decision.  Appeal  differs  from  reference  in 
two  particulars :  it  brings  to  the  superior  court  an 
issue  already  decided ;  and  it  is  a  party  that  brings 
the  issue,  and  not  the  court  itself.  The  sentence 
appealed  from  cannot  be  pronounced  until  the 
judgement  is  confirmed  in  a  higher  court;  that  is, 
no  one  sentenced  to  be  admonished,  suspended, 
excommunicated  or  deposed,  is  to  be  admonished, 
suspended,  excommunicated  or  deposed,  after  giv- 
ing notice  of  his  intention  to  appeal  as  required  in 
paragraph  258 ;  but  see  paragraph  265.  No  one 
can  appeal  before  the  judgment  has  been  made, 
not  even  after  the  decision  has  been  made.  (186 : 
6.)  In  a  judicial  case  there  are  always  two  parties, 
the  accuser  and  the  accused  (163) ;  and  the  deci- 
sion can  never  go  against  the  accuser,  since  he  is 
not  on  trial.  If  the  decision  has  gone  against  the 
accused,  he  may  appeal.  No  one  else  may  ap- 
peal; others  may  complain  (267). 

256. — II.  Those  ^Yho  have  not  submitted  to  a  regular  trial 
are  not  entitled  to  an  appeal. 

If  there  has  been  no  regular  trial,  but  the  court 
has  decided  without  process,  or  if  the  court  has 
dealt  with  the  party  as  contumacious,  he  may  com- 
plain (267),  but  he  may  not  appeal.  It  is  true  that 
then  the  sentence,  however  unjust,  is  not  arrested; 
but  the  Eules  of  Discipline  assume  that,  while  a 
court  may  err,  it  will  more  probably  be  right  than 
the  party  that  objects  to  its  action  ;  and  especially 


248  Chap.  XIII.,  Sec.  III.,  Par.  3.  257 

is  it  unlikely  that  a  court  will  treat  as  contumaci- 
ous one  who  really  was  not  so,  or  proceed  without 
process  where  the  objector  really  desired  process. 

257. — III.  Any  irregularity  in  the  proceedings  of  the  infe- 
rior court ;  a  refusal  of  reasonable  indulgence  to  a  party  on 
trial;  declining  to  receive  important  testimony;  hurrying  to  a 
decision  before  the  testimony  is  fully  taken ;  a  manifestation 
of  prejudice  in  the  cause;  and  mistake  or  injustice  in  the  Judg- 
ment, are  all  proper  grounds  of  appeal. 

The  judgment  has  in  it  the  decision  of  guilty,  and 
this  decision  may  be  a  mistake ;  and  the  judgment 
has  in  it  the  fixing  of  the  censure,  and  this  censure 
may  be  excessive,  and  therefore  unjust.  Such 
mistake  or  injustice  must  be  the  radical  ground  of 
appeal;  but  one  may  appeal  from  the  judgment  on 
account  of  how  it  was  arrived  at,  and  even  without 
disputing  its  correctness  or  justice.  Such  subordi- 
nate grounds  of  appeal,  or  any  infraction  or  neg- 
lect of  the  regulations  laid  down  in  the  Eules  of 
Discipline  to  govern  judicial  proceedings;  a  re- 
fusal to  grant  to  the  accused  reasonable  time  and 
opportunity  apart  from  the  mere  letter  of  such 
regulations  (it  being  assumed  that  a  court  which 
has  let  process  commence  will  grant  the  prosecu- 
tion reasonable  indulgence);  rejecting  important 
testimony  (and  the  party  desiring  to  introduce  it 
can  always  get  his  reasons  put  into  the  record  in 
his  notice  and  reasons  of  appeal) ;  haste  in  reach- 
ing a  decision,  that  is,  the  really  arriving  at  a  de- 
cision before  hearing  all  the  testimony ;  and  pre- 
judice, which  must  have  been  somehow  manifested 
or  it  could  not  be  assigned  with  propriety.  But 
the  appellant  may  cite  what  grounds  he  will,  it  be- 
longs to  the  superior  court  to  determine  the  Dro- 


258  Chap.  XIII.,  Sec.  III.  Pars.  4,  5.      249 

priety  of  his  grounds  of  appeal,  and  of  the  evidence 
for  them  appearing  in  the  record  of  the  cause. 

258. — IV.  Every  appellant  is  bound  to  give  notice  of  his 
intention  to  appeal,  and  also  to  lay  the  reasons  thereof  in  writ- 
ing before  the  court  appealed  from,  either  before  its  rising  or 
within  ten  days  thereafter.  If  this  notice  or  these  reasons  be 
not  given  the  court  while  in  session,  they  shall  be  lodged  with 
the  Moderator  or  Clerk. 

The  "rising"  of  the  court  is  not  necessarily  the 
adjournment  of  all  the  sessions  of  that  meeting,  but 
the  rising  of  the  court  from  its  work  as  a  judicial 
body  in  the  case.  A  court  might  remain  in  session 
with  other  business  for  more  than  ten  days  after 
''rising"  from  its  judicial  action.  However,  it 
would  often  work  injury  to  enforce  this  distinction, 
unless  the  attention  of  the  party  were  expressly 
called  to  it  at  the  rising  of  the  court,  so  generally 
will  the  party  having  right  to  appeal  understand 
that  he  has  ten  days  from  the  adjournment  of  the 
court.  It  would  be  contrary  to  the  spirit  of  these 
Eules  for  a  superior  court  to  refuse  to  hear  an  ap- 
peal for  a  mere  technicality  that  was  designed  for 
good.  The  notice  enables  the  court  to  have  the 
record  of  the  cause  in  readiness,  and  also,  if  it  so 
desires,  to  change  the  personnel  of  the  accuser. 
For  the  court,  as  judge,  is  not  a  party  to  the  cause. 
The  court,  as  appointing  or  accepting  the  prose- 
cutor, was  the  Church  acting  as  prosecutor :  and  in 
this  capacity  it  has  the  right  to  determine  the  per- 
sonnel of  the  accuser  in  whatever  court  the  cause  is 
heard.  The  parties,  however,  remain  the  same, 
only  the  accuser  is  called  appellee  in  the  superior 
court,  and  the  accused  is  there  called  appellant 
(163). 


250  Chap.  XIII.,  Sec.  III.,  Pars.  5,  6,  7, 8.  259-^62 

259. — V.  No  appeal  shall  be  carried  from  an  inferior  to  any 
other  court  than  the  one  immediately  superior,  without  its 
consent. 

The  "  its  "  refers  to  "  the  one  immediately  superior  "; 
that  is,  BO  court  can  be  deprived  of  its  appellate 
jurisdiction  without  its  own  consent. 

260.— VI.  The  appellant  shall  lodge  his  appeal,  and  the 
reasons  of  it,  with  the  clerk  of  the  higher  court  before  the 
close  of  the  second  day  of  its  sessions ;  and  the  appearance  of 
the  appellant  and  appellee  shall  be  either  in  person  or  by 
writing. 

The  appeal  and  reasons  must  be  the  same  as  he 
gave  notice  of.  The  sessions  must  be  the  sessions 
of  the  meeting  next  after  the  notice  of  appeal  is 
given.  Both  appellant  and  appellee  are  bound  to 
appear  without  further  notice  than  the  original 
notice  of  appeal. 

261.— VII.  In  taking  up  an  appeal,  after  ascertaining  that 
the  appellant  on  his  part  has  conducted  it  regularly,  the  first 
step  shall  be  to  hear  "the  record  of  the  cause";  the  second, 
to  hear  the  parties,  first  the  appellant,  then  the  appellee,  and 
the  appellant  shall  close ;  the  third,  to  call  the  roll,  that  the 
members  may  express  their  opinion  in  the  cause ;  and  then  the 
vote  shall  be  taken. 

Cf.  186.  The  vote  must  be  according  to  the  next 
paragraph. 

262.— VIII.  The  decision  may  be  either  to  confirm  or 
reverse,  in  whole  or  in  part,  the  judgment  of  the  inferior  court; 
or  to  remit  the  cause  for  the  purpose  of  amending  the  record, 
should  it  appear  to  be  incorrect  or  defective,  or  for  a  new  trial. 

Accordingly,  the  vote  may  be  first  to  sustain,  not 
to  sustain,  or  to  sustain  in  part,  the  appeal;  and 
if  the  appeal  is  sustained  or  sustained  in  part,  then 
that  is  done  or  is  to  be  done  which  the  appellant 
asked  for  in  his  appeal.  But  the  vote  may  be 
upon  a  definite  motion  to  confirm  or  reverse,  to 
remit,  or  to  order  a  new  trial. 


263-'65   Chap.  XIIL,  Sec.  III., Pars.  9, 10, 11.    251 

263. — IX.  If  an  appellant,  after  entering  his  appeal  to  a 
superior  court,  fail  to  prosecute  it,  it  shall  be  considered  as 
abandoned,  and  the  Judgment  appealed  from  shall  be  final. 
And  an  appellant  shall  be  considered  as  abandoning  his  appeal 
if  he  do  not  appear  before  the  appellate  court  by  the  second 
day  of  its  meeting  next  ensuing  the  date  of  his  notice  of  appeal, 
unless  it  shall  appear  that  he  was  prevented  by  the  providence 
of  God  from  seasonably  prosecuting  it. 

Entering  his  appeal  means  giving  notice.  Here, 
again,  no  one  should  be  deprived  of  his  right  to 
prosecute  his  appeal  upon  a  technicality ;  but,  on 
the  other  hand,  one  wishing  to  appeal  must  be 
diligent  to  use  the  opportunity  that  the  Church 
may  not  be  unnecessarily  disturbed. 

264. — X.  If  an  appellant  is  found  to  manifest  a  litigious  or 
other  unchristian  spirit  in  the  prosecution  of  his  appeal,  he 
shall  be  censured  according  to  the  degree  of  his  offence. 

The  right  of  appeal  is  not  given  with  any  other 
intent  than  that  those  who  sincerely  believe  wrong 
has  been  done  may  bring  the  higher  courts  to 
pass  upon  the  issue ;  and  to  abuse  this  favor  is  a 
peculiarly  censurable  offence.  Of  course,  no  cen- 
sure for  such  offence  can  be  passed  except  after 
confession'  or  process  before  the  court  having 
original  jurisdiction  over  the  offender;  but  the 
superior  court  before  which  the  offence  is  com- 
mitted should  call  the  attention  of  the  court  of 
first  resort  to  the  question  of  dealing  with  the 
offender. 

265. — XI.  If  the  infliction  of  the  sentence  of  suspension,  or 
excommunication,  or  deposition  be  arrested  by  appeal,  the 
Judgment  appealed  from  shall  nevertheless  be  considered  as  in 
force  until  the  appeal  shall  be  issued. 

That  is,  one  on  whom  such  sentence  has  been 
passed,  and  who  has  arrested  the  pronouncing  of 
it  by  his  appeal,  is  bound  to  abstain  from  the  sac- 


252     Chap.  XIII.,  Pae.  12 ;  Sec.  IV.,  Par.  1.  266-'7 

laments  or  from  the  exercise  of  his  office  until  the 
superior  court  passes  upon  his  appeal ;  and  not  to 
submit  himself  by  thus  abstaining  would  itself  be 
an  offence  worthy  of  the  highest  censure,  if  wit- 
tingly committed.  If  one  could  arrest  the  force  of 
a  judgment,  as  well  as  the  pronouncing  of  sent- 
ence, by  appeal,  the  grossest  offender  could  not  be 
reached  until  after  most  hurtful  delay. 

266. — XII.  If  any  court  shall  neglect  to  send  up  the  record 
of  the  cause,  especially  if  thereby  an  appellant  who  has  pro- 
ceeded with  regularity  shall  be  deprived  of  the  privilege  of 
having  his  appeal  seasonably  tried,  it  shall  be  censured  accord- 
ing to  the  circumstances  of  the  case,  and  the  judgment  appealed 
from  shall  be  suspended  until  the  record  be  produced,  upon 
which  the  issue  can  be  fairly  tried. 

The  appeal  itself  suspends  the  pronouncing  of 
sentence,  and  this  failure  of  the  court  would  sus- 
pend the  force  of  the  judgment,  so  that  the  accused 
would  have  the  right,  from  this  failure  until  the 
record  is  produced,  to  resume  the  privilege  of  com- 
municating and  the  exercise  of  his  office.  It  is  a 
matter  of  course  that  the  delinquent  court  could 
not  be  censured  without  process  against  the  court 
(245). 

Section  IV.— 0/  Complaints. 
After  stating  the  nature  and  effect  of  a  complaint, 
and  the  requirement  as  to  notice,  the  order  of  pro- 
ceeding is  laid  down,  and  the  sphere  of  action  per- 
missible to  the  superior  court  is  given.  There  is 
added  the  rule  for  sending  up  the  records. 

267. — I.  A  complaint  is  a  representation  to  a  superior  court 
against  some  decision  of  an  inferior  court.  Any  member  of  the 
Church,  submitting  to  its  authority,  may  complain  against 
every  species  of  decision,  except  where  a  party,  against  whom 
a  decision  has  been  rendered,  takes  an  appeal  against  it.     But 


267  Chap.  XIII.,  8ec.  IV.,  Par.  1.  253 

the  complaint  shall  not  suspend,  while  pending,  the  effect  of 
the  decision  complained  of. 

A  complaint  differs  from  general  review  in  these 
particulars:  it  may  bring  a  decision  made  in  a  judi- 
cial case  (except  where  an  appeal  is  taken)  as  well 
as  any  other  decision  ;  it  brings  the  issue  by  ex- 
press action  of  a  party,  and  not  by  the  records  as 
a  matter  in  course ;  and  it  does  not  permit  the  in- 
ferior court  to  be  censured  for  its  decision.  It 
differs  from  reference  in  these  particulars :  it 
brings  an  issue  already  decided ;  and  it  is  not  the 
court  itself  that  brings  the  issue.  It  differs  from 
an  appeal  in  these  particulars :  an  appeal  may  be 
taken  only  from  decisions  in  judicial  processes,  but 
a  complaint  may  be  taken  against  every  sort  of 
decision  (for  a  complaint  may  be  taken  against  a 
decision  against  which  an  appeal  may  be  taken,  if 
the  appeal  is  not  taken) ;  an  appeal  may  be  taken 
only  by  the  party  condemned  on  trial,  including  a 
court,  but  a  complaint  may  be  taken  by  any  per- 
son (though  never  by  a  court)  who  is  a  member  of 
the  Church  and  submissive  to  its  authority;  and 
an  appeal  suspends  partially  the  effect  of  the  deci- 
sion against  which  it  is  taken,  but  a  complaint 
does  not  suspend  the  effect  of  this  decision  at 
all.  But  the  essential  difference  is  this:  that  an 
appeal  removes  the  cause  to  the  superior  court 
without  changing  the  parties,  but  a  complaint 
presents  an  issue  with  new  parties.  True,  the 
court  complained  of  cannot  be  censured,  nor  the 
complainant ;  for  the  complaint  is  not  a  continu- 
ance of  process,  as  an  appeal  is;  and  no  party 
can  be  censured  without  process  or  confession. 
But  the  court,  as  judge,  is  a  party.     In  an  ap- 


254         Chap.  XIII.,  Sec.  IV.,  Pars.  2,  3.     268-'9 

peal,  the  court,  as  accuser,  is  a  party,  the  appel- 
lee; but  in  a  complaint,  the  court,  as  judge,  is  a 
part}',  the  respondent.  In  an  appeal,  the  accused 
is  a  party,  the  accused;  but  in  a  complaint,  the 
accused  is  not  a  party  at  all.  Even  if  the  person 
that  was  accused  should  complain,  he  does  not 
appear  as  the  accused.  And  that  a  complaint  is 
not  judicial  process  is  evident  from  these  two  con- 
siderations: that  no  one  can  be  censured  by  the 
issue  of  a  complaint;  and  that  questions  that  were 
not  connected  with  a  judicial  cause  may  be  the 
subjects  of  complaint. 

268. — II.  Notice  of  complaint  shall  be  given  in  the  same 
form  and  time  as  notice  of  appeal. 

There  is  the  like  reason  that  the  court  may  send 
up  the  record  in  readiness,  and  still  more  that  the 
court  may  appoint  its  representative  to  answer 
for  it. 

269. — III.  The  court  against  whose  decision  a  complaint  is 
taken  shall  appoint  a  representative  to  defend  that  decision, 
who  shall  be  called  the  respondent.  After  the  superior  court 
has  ascertained  that  the  complaint  is  regular,  its  first  step 
shall  be  to  read  the  record  of  the  ease ;  its  second  to  hear  the 
complainant;  its  third  to  hear  the  respondent;  its  fourth  to 
hear  the  complainant  again,  and  then  it  shall  consider  and 
decide  the  case. 

"The  record"  of  the  case  will  be  the  same  as  "the 
record  of  the  cause"  when  the  complaint  is  against 
a  decision  in  a  judicial  case ;  but  in  other  cases  it 
will  be  so  much  of  the  records  sent  up  for  review 
as  are  needful  to  set  the  issue  before  the  superior 
court.  The  complaint  ought  to  specify  precisely 
what  is  complained  of,  and,  when  the  complaint  is 
not  against  a  judicial  decision,  what  parts  of  the 
records   the   complainant   desires    to   have    read. 


270  Chap.  XIII.,  Sec.  IV.,  Par.  4.  255 

And  such  parts  should  be  read  as  either  party  de- 
sires, within  reasonable  limits.  The  court,  after 
hearing  the  parties,  may  debate  the  matter  freely, 
which  is  not  allowable  in  a  case  of  process,  either 
in  the  court  of  first  resort  or  in  the  court  appealed 
to. 

270. — IV.  The  superior  court  has  discretionary  power 
either  to  annul  any  portion  or  the  whole  of  the  decision  com- 
plained of,  or  to  send  it  back  to  the  inferior  court  for  a  new 
hearing. 

The  superior  court  does  not  confirm  the  decision 
complained  of,  the  notice  of  complaint  not  bringing 
that  decision  into  suspense.  Nor  may  the  supe- 
rior court  reverse  the  decision  (in  the  sense  in 
which  reverse  means  more  than  annul).  For  in- 
stance, if  the  decision  has  been  a  decision  finding 
guilty  in  a  judicial  case,  on  appeal  the  superior 
court  may  find  the  party  not  guilty ;  but  on  a  com- 
plaint the  superior  court  can  only  annul  the  find- 
ing of  guilty,  leaving  the  Church  simply  silent  on 
the  issue.  Or  if  the  complaint  is  against  a  deci- 
sion of  not  guilty  in  a  judicial  case,  the  superior 
court  could  not  reverse  the  decision  on  complaint; 
it  could  only  annul  the  finding,  leaving  the  Church 
silent  on  the  issue.  (A  judicial  case  resulting  in 
a  decision  of  not  guilty  cannot  be  brought  before 
a  superior  court  on  appeal.)  Again,  if  the  com- 
plaint is  against  the  refusal  to  appoint  a  Minister 
to  a  certain  work,  a  complaint  cannot  issue  in  an 
order  from  the  superior  court  to  appoint  him  to 
that  work.  But  if  the  decision  complained  of  was 
in  a  judicial  case,  whether  the  decision  was  guilty 
or  not  guilty,  the  superior  court  may  order  a  new 
trial;  and  if  the  decision  was  not  in  a  judicial  case, 


256  Chap.  XIV.,  Pars.  1, 2.  271-'72 

a  reconsideration.  Nothing  is  said  about  remitting 
for  correction  of  the  records,  as  in  an  appeal ;  for 
this  reason  :  if  the  amending  of  the  records  is  found 
to  be  necessary,  then  the  inferior  court  would 
always  be  instructed  to  consider  the  question 
again ;  but,  as  an  appeal  transfers  the  case  to  the 
superior  court,  that  court  may  wait  for  fuller  re- 
cords before  deciding  the  issue. 

271. — V.  The  court  against  whose  decision  complaint  is 
taken  is  bound  to  send  up  its  records  in  the  case,  as  herein- 
before provided. 

The  provisions  will  be  found  in  189  and  240.  But 
neglect  of  the  court  to  send  up  the  records  does 
not  permit  the  superior  court  to  suspend  the  judg- 
ment complained  of.  A  complainant  is  not  given 
as  much  scope  as  an  appellant. 


CHAPTEE  XIV. 

Of  Dissents  and  Protests. 

The  four  paragraphs  define,  first,  a  dissent,  and 
then  a  protest,  direct  what  shall  and  may  be  done 
with  a  protest,  and  determine  who  may  join  in 
making  them. 

272. — I.  A  dissent  is  a  declaration  on  the  part  of  one  or 
more  members  of  a  minority  in  a  court,  expressing  a  different 
opinion  from  that  of  the  majority  in  a  particular  case.  A  dis- 
sent unaccompanied  with  reasons  shall  be  entered  on  the 
records  of  a  court. 

A  mere  dissent  simply  records  the  negative  vote, 
or  the  names  of  those  who  wish  to  be  recorded  as 
favoring  the  negative.  And  the  court  has  no 
option  but  to  let  the  records  show  this. 


273-'75        Chap.  XIV,  Paes.  2,  3,  4.  257 

273. — II.  A  protest  is  a  more  solemn  and  formal  declara- 
tion by  members  of  a  minority,  bearing  their  testimony  against 
what  they  deem  a  mischievous  or  erroneous  Judgment,  and  is 
generally  accompanied  with  a  detail  of  the  reasons  on  which  it 
is  founded. 

A  protest  is  a  dissent  in  the  form  of  a  solemn  tes- 
timony, with  or  without  reasons. 

274. — III.  If  a  protest  or  dissent  be  couched  in  temperate 
language,  and  be  respectful  to  the  court,  it  shall  be  recorded; 
and  the  court  may,  if  deemed  necessary,  put  an  answer  to  the 
protest  on  the  records  along  with  it.  But  here  the  matter 
shall  end,  unless  the  parties  protesting  obtain  permission  to 
withdraw  their  protest  absolutely,  or  for  the  sake  of  amend- 
ment. 

The  words  "or  dissent"  are  here  in  place  to  cover 
a  protest  calling  itself  a  dissent.  For  only  two 
reasons  may  a  court  refuse  to  record  a  protest: 
that  its  language  is  intemperate  or  that  it  is  disre- 
spectful to  the  court.  If  the  court  should  refuse 
to  record  a  dissent  or  protest,  there  may  be  made 
a  complaint  against  the  refusal.  The  court  may 
allow  protestants  to  withdraw  their  protest,  but  is 
not  bound  to  allow  an  amended  form  to  be  re- 
corded if  intemperate  or  disrespectful.  Those  join- 
ing in  a  protest  should  take  no  part  in  framing  the 
answer  to  the  protest,  but  they  may  vote  upon 
the  question  of  allowing  their  own  protest  to  be 
recorded. 

275. — IV.  None  can  Join  in  a  protest  against  a  decision  of 
any  court  except  those  who  had  a  right  to  vote  in  the  case. 

Hence,  in  a  judicial  case  none  can  protest  against, 
or  dissent  from,  the  judgment  except  those  who 
sat  as  judges  through  the  case. 


258  Chap.  XV.,  Par.  1.  276 

CHAPTEE    XV. 

Of  Jurisdiction. 

Besides  what  may  be  found  on  the  subject 
before,  here  are  gathered  together  the  regulations 
for  determining  to  what  jurisdiction  any  member 
at  any  time  belongs.  The  first  paragraph  pre- 
scribes the  method  of  transfer  of  a  member  from 
one  church  to  another,  upon  his  own  motion ;  the 
second,  the  method  of  transferring  a  member  or 
officer  from  one  jurisdiction  to  another  without  his 
consent;  the  third  determines  to  which  jurisdiction 
a  member  in  course  of  transfer  belongs;  the  fourth 
orders  what  is  to  be  done  with  disappearing  mem- 
bers ;  the  fifth  gives  a  special  regulation  as  to  the 
form  of  certificate  of  transfer  from  Presbytery  to 
Presbytery ;  and  the  sixth  limits  the  force  of  a  cer- 
tificate of  good  standing. 

276. — I.  When  any  member  shall  remove  from  one  church 
to  another,  he  shall  produce  satisfactory  testimonials  of  his 
church-membership  and  dismission  before  he  be  admitted  as  a 
regular  member  of  that  congregation,  unless  the  church  Session 
has  other  satisfactory  means  of  information. 

"Any  member"  includes  non-communicating  mem- 
bers and  suspended  members.  These  may  be 
transferred  from  one  church  to  another,  but  with 
the  same  status.  For  the  meaning  of  remove  from 
one  church  to  another,  see  next  paragraph.  When 
the  member  asks  for  admission  into  the  church  to 
which  he  has  come,  he  shall  produce  satisfactory 
testimonials  of  two  things :  his  church-membership 
(and  the  testimonial  should  certify  his  status),  and 
his  dismission.     He  maybe  admitted  without  such 


277  Chap.  XV.,  Par.  2.  259 

testimonial,  if  the  Session  has  other  satisfactory 
evidence  of  his  church-membership,  and  dismis- 
sion; but  the  Session  shall  not  receive  without 
evidence  that  the  other  Session  has  dismissed  him, 
during  the  first  twelve  months  of  his  change  of 
residence,  nor  ever  without  change  of  residence. 
So  much  is  due  to  the  Session  from  whose  juris- 
diction the  transfer  would  take  him. 

While  this  rule  is  plain  as  to  members  of  this 
Church  passing  from  church  to  church,  its  princi- 
ples should  also  be  observed  in  receiving  members 
from  other  Churches:  namely,  there  should  be  no 
disrespectful  haste  in  acting  without  the  concur- 
rence of  the  other  ecclesiastical  authority;  and, 
where  there  is  no  change  of  residence,  a  member 
from  another  Church  in  correspondence  with  this 
Church,  or  willing  to  dismiss  its  members  to  this 
Church,  should  not  be  received  without  such  dis- 
mission. 

The  disregard  of  this  rule  impairs  the  efficiency 
of  discipline.  And  with  this  in  view,  no  member 
under  censure  ought  ever  to  be  received  without 
dismission  from  another  church  of  this  Church,  or 
from  a  Church  in  correspondence  with  this  Church, 
and  not  without  imperative  reasons  from  any 
church. 

277. — II.  When  a  church  member  or  officer  shall  remove 
his  residence  beyond  the  bounds  of  the  court  to  whose  juris- 
diction he  belongs  into  the  bounds  of  another,  if  he  shall 
neglect  for  twelve  months,  without  satisfactory  reasons  given 
to  both  these  courts,  to  transfer  his  ecclesiastical  rela- 
tions, the  court  whose  bounds  he  has  left  shall  be  required 
to  transfer  them.  And  should  that  court  neglect  this  duty, 
the  one  into  whose  bounds  he  has  removed  shall  assume  juris- 
diction, giving  due  notice  to  the  other  body. 

17 


260  Chap.  XV.,  Par.  2  277 

Here,  again,  church  member  includes  non- com- 
municating members,  but  the  paragraph  does  not 
apply  to  suspended  members  or  officers  (see  232). 
The  bounds  of  a  court  are,  for  a  Presbytery,  the 
geographical  limits  of  its  district  (72),  and  of  a 
church  Session,  the  geographical  limits  within 
which  persons  may  meet  together  for  divine  wor- 
ship. A  member  is  within  the  bounds  of  a  Ses- 
sion, if  he  is  near  enough  to  the  usual  place  of 
worship  of  the  church  to  attend  its  meetings  for 
worship :  and  hence  he  may  be  in  the  bounds  of 
two  or  more  Sessions  at  the  same  time.  And  a 
man's  residence  is  really  within  the  bounds  of  a 
Presbytery,  if,  having  a  charge  within  its  geograpi- 
cal  district,  he  is  near  enough  thereto  to  attend  to 
his  duties  in  that  charge.  (See  remarks  on  72.) 
One  removes  his  residence,  in  the  intent  of  this 
paragraph,  when,  though  his  residence  remains  at 
the  same  geographical  point,  it  yet  becomes  by 
changes  of  environment,  or  connection,  out  of  the 
bounds  of  his  court.  If  one  removes  his  residence 
out  of  the  bounds  of  one  court  without  moving  it 
into  the  bounds  of  another  court,  this  paragraph 
does  not  apply ;  nor  does  this  paragraph  regulate 
transfers  between  this  Church  and  any  other 
Church.  The  twelve  months  of  the  paragraph 
must  be  calculated  from  the  time  of  his  entrance 
into  the  bounds  of  the  court  which  is  to  be  put  in 
jurisdiction  over  him.  Hence,  the  paragraph  does 
not  apply  to  those  who  do  not  remain  as  long  as 
twelve  months  within  one  boundary.  The  "shall 
be  required  "  is  to  be  interpreted  thus :  if  he  shall 
neglect,  the  court  shall  be  required  by  this  para- 
graph.    The   requirement   shall   come   into   force 


278  Chap.  XV.,  Par.  3.  261 

and  applicability  whenever  the  condition  arises. 
And  this  is  a  duty  concerning  which  the  court  has 
no  option;  to  neglect  it  is  to  neglect  a  duty. 
Either  court  might  be  censured  for  such  neglect 
under  paragraph  245,  or  an  order  might  be  issued 
to  it  under  244.  But  there  may  be  satisfactory 
reasons  for  not  transferring.  For  instance,  a  mem- 
ber may  retain  his  former  ecclesiastical  relation 
temporarily,  in  order  to  assist  and  encourage  a 
weak  church  to  which  he  expects  soon  to  return; 
or  an  officer  may  have  no  work  under  the  direction 
of  the  Presbytery  into  whose  bounds  he  has  come, 
and  be  expecting  work  elsewhere.  And  there  may 
be  other  reasons.  Especially  would  it  seem  unde- 
sirable to  gather  into  one  Presbytery  a  preponder- 
ance of  Ministers  without  charge  under  it.  But 
the  transfer  must  be  made,  unless  the  reasons  to 
the  contrary  are  given  by  the  person  to  both 
courts,  and  are  satisfactory  to  both  courts. 

278. — III.  Members  of  one  church  dismissed  to  join  another 
shall  be  held  to  be  under  the  jurisdiction  of  the  Session  dis- 
missing them  till  they  form  a  regular  connection  with  that  to 
which  they  have  been  dismissed. 

The  Session  may  dismiss  to  one  church,  or  to  one 
of  several,  or  to  one  of  a  certian  description,  within 
or  without  this  Church,  according  to  the  request  of 
the  member  and  the  discretion  of  the  Session. 

Since  dismission  is  an  act  of  the  Session,  the 
Session  may  refuse  dismission  for  sufficient  reasons, 
of  which  it  must  judge,  subject  to  correction  by  a 
superior  court.  Nor  can  any  member  demand  as 
a  right,  dismission  to  a  court  without  having  his 
residence  in  the  bounds  of  the  court,  which  must 
be  another  court  of  this  Church  or  of  a  Church  in 


262  Chap.  XV.,  Pars.  4,  5.  279-'80 

correspondence  with  this  Church,  or,  at  least,  of 
some  evangelical  church,  and  being  himself  not 
under  censure  or  under  charges. 

279. — IV.  If  the  residence  of  a  communicating  member  be 
unknown  for  three  years,  he  shall  be  retired  upon  a  separate 
roll  until  he  shall  appear  and  give  satisfaction,  of  which  due 
record  shall  be  made. 

A  note  should  be  made  of  the  fact  at  the  time 
when  his  residence  becomes  unknown  to  the  Ses- 
sion, upon  the  records  of  the  Session,  and  then,  at 
the  end  of  three  years,  the  residence  being  still 
unknown,  his  name  should  be  retired  to  a  separate 
roll.  If  the  residence  become  known  before  the 
end  of  the  three  years,  this  fact  should  be  entered 
upon  the  records.  He  may  "reappear"  in  writing, 
or  through  a  personal  messenger,  or  in  person,  to 
give  satisfaction.  His  residence  becoming  known 
after  the  three  years  does  not  itself  restore  his 
name  to  the  roll ;  this  can  only  be  done  by  formal 
act  of  the  Session  after  being  made  satisfied,  by 
explanation,  that  there  was  no  willing  severance  of 
connection  with  the  Church,  or  by  repentance,  that 
it  is  safe  to  restore  the  offender.  For  this  is  a  sort 
of  tentative  suspension  without  process.  The 
Session  has  no  discretion  but  to  retire  one  to  a 
separate  roll  after  the  residence  has  been  three 
years  unknown,  whether  note  w^as  made  of  the  fact 
when  the  residence  first  became  unknown  or  not. 

The  very  least  that  a  Session  can  show  of  inter- 
est in  those  under  its  care  is  to  know  where  each 
of  them  is,  or  to  know  that  it  does  not  know. 

280.— V.  When  a  Presbytery  shall  dismiss  a  Minister, 
Probationer  or  candidate,  the  name  of  the  Presbytery  to  which 
he  is  dismissed  shall  be  given  in  the  certificate,  and  he  shall 


281  Chap.  XV  ,  Par.  6.  263 

remain  under  the  jurisdiction  of  the  Presbytery  dismissing 
him  until  received  by  the  other. 

No  one  can  demand  as  a  right  dismission  to  a 
Presbytery  in  which  he  is  not  going  to  reside,  nor 
to  a  Presbytery  not  in  this  Church  or  in  a  Church 
in  correspondence  with  this  Church,  or,  at  least, 
such  as  might  be  taken  into  such  correspondence. 
Nor  can  one  be  dismissed  to  any  ecclesiastical 
court  or  authority  not  a  Presbytery,  nor  to  more 
than  one  Presbytery  at  the  same  time. 

If  candidates  and  Probationers  are  under  the 
jurisdiction  of  the  Presbytery,  are  they  under  the 
jurisdiction  of  the  Session  also?  Yes.  For  they 
are  under  the  jurisdiction  of  the  Presbytery  only 
as  to  whether  they  shall  be  admitted  to  the  minis- 
try. At  ordination,  the  Minister  passes  wholly 
from  under  the  jurisdiction  of  the  Session;  and 
the  Session  should  record  the  fact  upon  its  minutes. 

281. — YI.  No  certificate  of  dismission,  from  either  a  Session 
or  a  Presbytery  shall  be  valid  testimony  of  good  standing  for 
a  longer  period  than  one  year,  unless  its  earlier  presentation 
be  hindered  by  some  providential  cause ;  and  such  certificates 
given  to  persons  who  have  left  the  bounds  of  the  Session  or 
Presbytery  granting  them,  shall  certify  the  standing  of  such 
persons  only  to  the  time  of  their  leaving  those  bounds. 

If  the  person  to  whom  the  certificate  is  granted 
has  already  left  the  bounds,  the  certificate  should 
state  when  he  left  and  his  standing  up  to  that  time ; 
but  if  the  certificate  fails  to  state  the  time  of  his 
leaving  the  bounds,  the  effect  of  the  certificate  is 
the  same.  The  point  is,  that  a  person  cannot  be 
presumed  to  be  in  good  standing  if  he  has  let  a 
whole  year  pass  since  leaving  the  bounds  of  a 
court,  or  obtaining  a  certificate  of  dismission  from 


264  Chap.  XV.  281 

it,  without  presenting  his  certificate  of  dismission 
to  the  court  to  which  he  comes.  The  certificate  is, 
however,  yahcl  evidence  of  dismission  after  it  ceases 
to  be  valid  presumptive  evidence  of  good  standing. 
The  court  receiving  him  upon  it  after  a  year 
assumes  responsibility  for  his  standing. 

The  principles  underlying  these  provisions  may 
be  stated  thus : 

1.  One  is  a  member  or  officer  of  the  Church, 
w^hich  exercises  its  jurisdiction  over  him  through 
the  appropriate  court ;  and  while  the  Church  does 
not  fix  his  residence,  the  Church  does,  with  only 
limited  choice  to  the  individual,  fix  the  court 
through  which  it  exercises  its  jurisdiction.  Mem- 
bers cannot  arbitrarily  choose  the  court  to  whose 
jurisdiction  they  will  be  subject. 

2.  Being  subject  to  the  jurisdiction  of  the  Church, 
they  cannot  cast  off  that  jurisdiction  at  will  with- 
out sinning  against  the  Church.  And  she  may 
surrender  her  jurisdiction  only  in  the  way  of  cen- 
sure by  excommunication  or  deposition,  or  in  the 
way  of  correcting  a  mistake  made  by  both  her  and 
the  person,  as  in  demission,  or  in  the  way  of  fra- 
ternal recognition  of  some  other  Church  by  dis- 
missing thereto.  But  no  one  may  quit  this  Church 
without  thereby  violating  his  covenant  with  it,  ex- 
cept with  her  consent ;  nor  is  she  permitted  to  give 
her  consent,  except  when  transferring  to  some 
other  Church  of  Christ  that  can,  all  things  consid- 
ered, do  as  well  for  the  member. 

3.  Neither  in  dismissing  to  another  court  of  this 
Church,  nor  in  dismissing  to  another  Church,  ought 
any  court  to  dismiss  one  as  in  good  standing  when, 
in  the  mind  of  the  court,  there  is  a  strong  presump- 


281  Chap.  TV,  ^65 

tion  that  the  person  asking  dismission  is  guilty  of 
an  offence  deserving  censure.  (And  an  offence  may- 
just  as  truly  lie  in  principle  as  in  practice,  in 
opinion  as  in  deed.)  When  the  strong  presump- 
tion of  guilt  exists,  the  court  should  withhold  dis- 
mission and  institute  process.  The  certificate 
ought  to  tell  the  truth. 


ANALYTICAL  INDEX. 


fAGES. 

Title,     1 

Dedication,    3 

Preface,    5-10 

Nature  and  aim  of  this  work, 5-6 

Knowledge  of  our  system  important,    7 

Discipline  possible  and  necessary,    7 

The  church  a  spiritual  organization, 0 

Exposition  of  the  Book  of  Church  Order,    11-265 

The  standards,    11 

Form  of  Government,    11-169 

Chap.  I. — Of  the  Doctrine  of  Church  Government,  11-17 

Par.  1.  The  scriptural  form  of  government,   12 

2.  The   Church,    12 

3.  Members  of  the  visible  Church, 14 

4.  Officers,     15 

5.  Courts;    distinction  of  Church  and  church,   .  16 

6.  Orders,      16 

7.  To  what  the  doctrine  of  Presbytery  is  neces- 

sary,      17 

Chap.  II. — Of  the  Church,  17-42 

Sec.  I.— Of  its  King  and  Head,  18-22 

8.  Jesus  Christ  as  King  and  Head,    18 

9.  His  offices  in  the  government  of  the  Church,  ...  20 

10.  How  he  has  equipped  the  Church, 21 

11.  Method  of  his  activity  in  the  Church,   22 

Sec.  II.— The  Visible  Church  Defined,  22-25 

12.  The  unity  of  the  Church,   23 

13.  Denominations,    23 

14.  Particular   churches,    24 

Sec.  III. — Of   the  Nature  and  Extent  of  Church  Power,  25-29 

15.  The  people  and  church  power, 25 

267 


268  Index. 

Pages. 

16.  Officers  and  church  power,   : 2G 

17.  Functions  of  the  Church  as  a  government,  ....  27 

18.  Scope  of  the  Church's  work, 28 

19.  Divine  sanction  of  ecclesiastical  power,    29 

Sec.  1  v.— Of  the  Particular  Church,  29-3G 

20.  Particular  church  defined,    30 

21.  Oflicers  of  a  particular  church,    31 

22.  The  Church   Session,    31 

23.  Deacons  and  their  functions.     Trustees, 32 

24.  Ordinances  of  worship,    34 

Prayer;  praise;  reading,  expounding,  preach- 
ing; baptism,  the  Lord's  supper,  public  fasting 
and  thanksgiving,  catechizing,  offerings,  disci- 
pline, blessing  the  people. 

25.  Worship  and  the  Session,   35 

Sec.  V. — Of  the  Organization  of  a  Particular  Church,  .  36-42 

26.  Enrolling,    37 

27.  The   church   covenant 38 

28.  Election,  etc.,  of  Ruling  Elders  and  Deacons,  .  .  41 

Chap.  III. — Of  Church  Members,  42-44 

29.  Infant  members  and  baptism,    42 

30.  Baptized   non-communicants,    43 

31.  Professors,    43 

Chap.  IV. — Of  Church  Officers,   44-62 

Sec.  I. — Of  Their  General  Classification,  44-46 

32.  Extraordinary    officers,    44 

33.  Ordinary  officers,   45 

34.  Official    titles,    46 

Sec.  II. — Of  the  Ministers  of  the  Word,  46-54 

35.  Dignity  and  titles,   46 

36.  Qualifications,    48 

37.  Classification  by  functions,    49 

38.  The  Pastor, 49 

39.  The  teacher,   52 

40.  The  Evangelist,    52 

41.  The  editor,  etc.,     54 

Sec.  III. — Of  the  Ruling  Elder,   54-59 

42.  Elders,     55 

43.  Difference  of  Elder  and  Minister,   55 

Elder  as  moderator. 


Index.  269 

Pages. 

44.  Qualifications,    56 

45.  Functions   or   duties, 57 

Sec.  IV.— Of  the  Deacon,  59-62 

46.  Scriptural  warrant,    59 

47.  Duties,     59 

48.  Qualifications,    60 

49.  Report  to   Session,    61 

50.  Ruling  Elders  as  Deacons,   61 

51.  Deaconesses,   62 

Chap.  V. — Of  Church  Courts,  62-121 

Sec.  I. — Of  the  Courts  in  General,  62-67 

52.  Nature  of  courts,    63 

53.  Classes  of  courts,    63 

54.  Who  is  moderator,    63 

55.  Duties  and  powers  of  the  moderator, 65 

Meetings  extraordinary. 

56.  The    clerk,    66 

57.  Meeting  how  opened  and  closed,   66 

58.  Expenses  of  attendance,    67 

Sec.  II. — Of  the  Jurisdiction  of  Church  Courts, 68-75 

59.  Jurisdiction  of  church  courts,  not  civil,   68 

Their  authority  spiritual. 

60.  The  power  of  church  courts  defined, 69-73 

61.  Lower   and  higher   courts,    73 

62.  Spheres  of  the  different  courts  defined, 73-75 

Sec.  III. — Of  the  Church  Session,   75-89 

63.  Members  of  the  Session,   76 

Quorum  of  the  Session. 

64.  Moderator  in  the  absence  of  the  Pastor, 77 

65.  Moderator  when  there  is  no  Pastor, 78 

66.  Moderator  when  there  are  several  Pastors,  ....  79 

67.  Powers  and  duties  of  the  Session, 79-87 

Power  of  inquiry,  80;  censure,  80:  oversight 
of  baptism  of  children,  80;  receiving  members, 
81;  dismissing,  82;  over  Elders  and  Deacons, 
83 ;  of  examining  records  of  Deacons,  83 ;  over 
Sabbath-schools,  84;  collections,  84;  the  sing- 
ing, 85 ;  of  assembling  the  people,  85 ;  concert- 
ing measures,  85;  concerning  injunctions,  86; 
and  representatives,  86. 

Congregation,  85,  end. 

68.  Meetings,  stated  and  special,    87 

69.  Records  of  proceedings,    88 


^70  IlSTDEX. 

Pages. 

70.  Tabular  records,    70 

Baptisms,  admissions,  non-communicants, 
deaths,  dismissions. 

71.  Pra3'er  at  opening  and  close  of,   89 

Sec.  IV.— Of  the  Presbyterij,    89-107 

72.  Members,     89 

Territorial  district. 

73.  Elder's  certificate  of  appointment,   92 

74.  Quorum,     92 

75.  Admission  of  ministers,    93 

76.  Subscription  of  Ministers,  95 

77.  Powers  and  duties  of  Presbytery,   97-103 

Concerning  appeals,  complaints  and  refer- 
ences, 97 ;  as  replacing  the  Session,  97 ;  over 
candidates,  98 ;  induction  of  ministers,  98 ; 
Sessions,  99 ;  concerning  the  pastoral  relation, 
99;  Evangelists,  100:  Ministers  generally,  100; 
injunctions,  100;  erroneous  opinions,  100;  to 
visit  churches,  101 ;  to  unite  and  divide 
churches,  101;  to  form  and  receive  churches, 
102;  over  vacant  churches,  102;  to  concert 
measures,  102 ;  over  its  churches  generally, 
103 ;  to  appoint  commissioners,  103 ;  and  to 
propose  measures,  103. 

78.  Records,     103 

79.  Meetings,     104 

80.  Corresponding    members,     106 

Visiting  brethren. 
Sec.  v.— Of  the  Synod,  107-109 

81.  Members,     107 

82.  Meetings   and   quorum,    107 

83.  Corresponding  members,    107 

Visiting   brethren. 

84.  Powers   and  duties,    108-109 

As  to  appeals,  etc.,  records  of  Presbyteries, 
obedience  of  Presbyteries  to  Constitution  and 
injunctions,  new  Presbyteries,  Ministers  in  gen- 
eral, power  over  Presbyteries,  Sessions  and 
churches,  to  concert  measures,  and  to  propose 
measures,    109 

85.  Records,     109 

Sec.  VI. — Of  the  General  AssemUy,   109-117 

86.  Nature  and  place, ,  •  •  r  •. 109 


IxDEX.  271 

Pages 

87.  Meetings,    110 

88.  Certificates  of  commissioners,    110 

89.  Quorum,     112 

90.  Powers  and  duties,   112-116 

Appeals,  etc.,  112;  testimony  against  error, 
112;  decision  of  controversies,  112;  advice  and 
instruction,  113;  reviewing  records,  114;  care 
of  inferior  courts,  114;  redress  disorder,  114; 
concerting  measures,  114;  new  Synods,  114; 
agencies  of  evangelization,  Ministers,  suppress- 
ing contentions,  organic  union,  115;  general  su- 
perintendence, IIG;  correspondence,  116;  and 
in  general,    116 

91.  Adjournment,     116 

^ec.  TIT. — Of  Ecclesiastical  Commissions,   117-121 

92.  Commissions  defined,    117 

93.  Functions,     118 

Taking  testimony,  ordination,  installation, 
visitation. 

94.  Commissions  to  try  cases,    119 

What  other  functions? 

95.  Evangelization  Commissions,    120 

Executive  Committees, 

Chap.  VI.— Of  Church  Orders,   121-166 

Sec.  I. — Of  the  Doctrine  of  Vocation,   121-123 

96.  Ordinary  vocation,    122 

97.  Election   of  officers,    122 

98.  Agent  and  conditions  of  ordination,    123 

Sec.  II. — Of  the  Doctrine  of  Ordination,   123-125 

Ordination  and  vocation  distinguished. 

99.  Ordination  is  by  a  court,    124 

100.  Ordination    defined,    124 

101.  Ordination  is  to  a  definite  work,   124 

Ordination  and  installation  distinguished,   .  .       125 
Sec.  III.— Of  the  Election  of  Church  Officers, 125-133 

102.  Manner  of  Electing  Pastor,  Ruling  Elders,  Dea- 

cons,            126 

103.  Moderator  at  an  election,   126 

104.  Steps  in  the  election,   127 

Vote  necessary  to  election. 

105.  Qualifications  of  voters,    128 

The  Session  at  an  election. 


272  Index. 

Pages. 

106.  Drawing  and  subscribing  the  call,   130 

107.  The  form  of  the  call,   131 

108.  Subscribing  and  certifying  the  call,   132 

109.  Commissioners  to  prosecute  the  call,   132 

110.  When  the  called  belongs  to  another  Presbytery,      132 

Sec.  IV. — Of  the  Ordination  of  Ruling  Elders  and  Dea- 
cons, and  of  the  Dissolution  of  their  Offi- 
cial Relations,    , 133-141 

111.  Session  to  appoint  a  day,   133 

112.  Acts  of  ordination,   133 

Sermon  and  doctrinal  statement,  questions  to 
the  candidate  (concerning  Scripture,  134;  doc- 
trinal standards,  135;  government  and  disci- 
pline, 13G;  acceptance  of  office,  137;  the  peace, 
etc.,  of  the  Church,  137),  questions  to  the  con- 
gregation, 137;  laying  on  hands,  138;  giving 
the  right  hand,  138. 

113.  Dissolution   for   unaceeptability,    139 

114.  Dissolution  by  removal,  140 

115.  Re-installation,    141 

Sec.  V. — Of  the  Ordination  of  Ministers,  and  the  For- 
mation and  Dissolution  of  the  Pastoral  Rela- 
tion,     141-156 

116.  Call  must  go  through  Presbytery,    142 

117.  Conditions  antecedent  to  ordination,   142 

Call  to  a  Probationer,    142 

118.  Trials  for   ordination,    143-145 

Place  of  ordination,    145 

119.  Proceedings  at  ordination,    145-150 

Sermon,     145 

Questions,     145-147 

Installation,  question  8,    147 

120.  Questions  to  church  at  installation,    147-149 

121.  Lajang  on  hands,    149-150 

Right  hand  of  fellowship,    150 

Charges,    150 

Who  conduct  ordination  and  installation,   ...  150 

122.  Right  hand  of  reception  after  installation,  ....  151 

123.  Ordination   of   Evangelists,    151 

124.  Ordination  to  be  in  what  Presbytery, 151 

125.  Installation  of  an  ordained  Minister, 151 

126.  Translating  a  Pastor,    152 

Call  to  a  Pastor. 


Index.  2Y3 

Pages. 

127.  Call  to  one  of  a  different  Presbytery,   154 

128.  Resignation  of  pastoral  charge,   154 

Dissolution  of  pastoral  relation,    154-156 

Sec.    VL — Of   the   Licensure   of   Prohationers   for    the 

Gospel   Ministry,    15G-166 

129.  Object  of  licensure,    156 

130.  What  Presbytery  shall  try  candidates  for  licen- 

sure,            157 

131.  Preliminary  requirements  to  licensure,   157 

132.  Examinations  and  trial  pieces,   159-162 

133.  Aim  and  extent  of  the  trials,   162 

134.  Requirements  to  licensure,    162 

Extraordinary  cases,    162-164 

135.  Questions  at  licensure,    164 

136.  Act  and  form  of  licensure, 164-165 

137.  Transfer  of  candidates,    165 

138.  Transfer  of  probationers, ' 166 

139.  Presbytery   and  probationers,    166 

Symbols,  see  standards. 

140.  Recalling  license,    166 

Chap.  VII. — Of  the  Coxstitutiox  of  the  Presbyte- 
rian  Church,    167-169 

141.  Constitution  defined 167 

142.  Amending  Book  of  Church  Order, 168 

142  a.  Amending  doctrinal  symbols,   169 

The  Rules  of  Discipline,  170-265 

Chap.  I. — Of  Discipline — Its  Natltre,  Subjects,  and 

Ends,    171-174 

143.  Discipline  defined,   171 

144.  Subjects  of  discipline,    171 

145.  Ends  of  discipline,    172 

146.  Nature  of  discipline,    172 

Chap.  II. — Of  the  Discipline  of  Non-Communicat- 
ing Members,     174-176 

147.  Parents  and  their  children,   .  .  . 174 

148.  Instruction  of  the  children,    175 

149.  Admission  of  the  children  to  Lord's  supper,  ...  175 

150.  Adult  non-communicants 176 

151.  Non-communicants   belong   to    what    particular 

church,    176 


274  Index. 

Chap.  III. — Of  Offences,  176-181 

152.  Offence  defined,   177-180 

153.  Offences   classified,    180 

Wli}'  offences  are  grounds  of  discipline, 180 

154.  Personal  and  general  offences,   181 

155.  Private  and  public  offences,   181 

Chap.  IV. — Church  Censures,  181-184 

15G.  Censures  classified,   181 

157.  Admonition,      182 

158.  Suspension,     182 

159.  Excommunication,     183 

160.  Deposition,    184 

Chap.  V. — Of  the  Parties  ix  Case  of  Process,  . .  .  .184-191 

161.  Original  jurisdiction,  place  of,  185 

162.  Investigation,     185-187 

Instituting  process,    185-187 

163.  The  parties,    187 

Accuser,    prosecutor,    accused,    appellant,    ap- 
pellee. 

164.  Form   of   indictment,    188 

165.  Means  of  reclamation  before  prosecution,    188 

166.  Prosecutor,  voluntary  or  appointed,    189 

167.  Do.  as  par.   165,    .  .  .' 189 

168.  From  whom  accusations  should  be  received,  .  .  .  190 

169.  Warning  to  voluntary  prosecutor,    190 

170.  Suspension  of  official  functions  of  accused,  ....  191 

171.  Rights  of  accused  in  discussion, 191 

Chap.  VI. — Of  General  Provisions  Applicable  to 

All  Cases  of  Process,  191-207 

172.  Right  mind  of  a  member  of  a  court, 192 

173.  Conditions  to  instituting  process,   193 

174.  Drawing  indictment,  citation  of  parties  and  wit- 

nesses, pleading,  censure  upon  confession,  .  .  194-190 

175.  Citations,    196 

176.  Indictment,  its  contents,   197 

177.  Second  citation,  refusal  to  plead,  contumacy,  .  .       197 

178.  Time  between  citation  and  appearance, 198 

179.  Appearance,  taking  testimony  at  a  distance  by 

commission,     198 

180.  Of  offences  committed  outside  territorial  juris- 

diction        198 

181.  Serving  citations,   199 


Index.  275 

Pages. 

182.  Juflicial  committee,    199 

183.  Charge  to  the  court,    200 

184.  Examination  of  witnesses,    200 

185.  Questions  arising  in  the  midst  of  the  trial,  ....  200 

186.  Order  of  trial  in  court  of  first  resort, 201-205 

187.  Challenging  the  members  of  the  court,    205 

188.  Disqualified  for  sitting  as  members  of  a  court,  205 

189.  The  record  of  the  cause,   copies  to  be  allowed 

parties,  judgment  of  higher  court  to  be  sent 
down,     205-206 

190.  Counsel,     206 

191.  Time  within  which  process  must  be  instituted,  .  207 

Scandal. 

Chap.  VII. — Special  Rules  Pertaining  to  Process 

Before  Sessions,    207-209 

192.  Process  against  church  members  to  be  entered 

where,    208 

193.  Contumacy  before  Session,    208 

194.  Excommunication  of  the  contumacious,    209 

195.  Preventing  the  accused  from  the  Lord's  supper,  209 

Chap.  VIII. — Special  Rules  Pertaining  to  Process 

AGAINST  Ministers,    210-215 

196.  Process  against  a  Minister  to  be  entered  where,  210 

197.  Receiving  charges   against  ivlinisters,    210 

198.  Conditions  to  instituting  process  against  a  Min- 

ister for  a  private  offence,   211 

199.  Contumacy  of  a  Minister,    211 

200.  Heresy  and  schism,    212 

201.  Scandal— acts  of   infirmity,    212 

202.  Censure  upon  confession  of  flagitious  offences,  .  213 

203.  Restoration  of  a  deposed  Minister,    213 

204.  The  pastoral  relation  of  a  Minister  deposed  or 

suspended,     214 

205.  Breach  of  covenant  engagements  by  Minister — 

Divestiture    of    Minister,    Elder    or    Deacon 

without  censure — ^Appeal,    214 

Chap.  xX.— Of  Evidence,   215-221 

206.  Witnesses,  competency  of,    216 

Accused  exempt  from  testifying. 

207.  Exempted  from  testifying,    216 

208.  Evidence,  what  sufficient,   216 

209.  Separation  of  witnesses,   217 


276  Index. 

Pages 

210.  Examination     of     witnesses — Irrelevant     ques- 

tions,           217 

211.  Oath  or  affirmation  of  witnesses,   217-218 

212.  Writing  the  testimony.    218 

213.  Authentication  of  records  as  evidence, 218 

214.  Authentication  of  testimony  as  evidence,    218 

215.  Commission   to    take    testimony — Taking    testi- 

mony by  written  interrogatories,    218-219 

21G.  Testifying  does  not  disqualify,    220 

217.  Contumacy  in  refusing  to  testify,    220 

218.  Xew  testimony— New  trial,    220 

219.  Testimony— New  trial,    220 

Chap.   X. — Of    the    Ixflictiox    of    Church    Cex- 

SURES,    221-225 

220.  Censures,  how  administered,    221 

221.  Censures,  in  what  spirit  to  be  administered,  .  .  .       222 

222.  Admonition,  private  or  public,    222 

223.  Definite  suspension,    222 

224.  Indefinite    suspension,    222-223 

225.  Excommunication,     223 

22G.  Deposition  and  excommunication,   224 

Infliction  of  censures,    225 

When  a  sentence  takes  effect,  225 

Chap.  XI. — Of  the  Removal  of  Cexsures, 225-231 

227.  Treatment  of  one  suspended,    226 

228.  Restoration  from  suspension,    22G-227 

229.  Restoration  from  excommunication,   227-228 

Nature  of  suspension  and  excommunication,  .  228 

230.  Restoration    from    deposition 229 

231.  Status  of  Elder  or  Deacon  restored,    229 

232.  Transfer  of  persons  under  censure,    230 

233.  Restoration  of  a  Minister, 229 

Removal   of   censures,    230-231 

Chap.  XII,— Of  Cases  Without  Process,  231-237 

234.  Censure  upon  confession  without  process, 231 

235.  Transfer    to    roll    of    non-communicating    mem- 

ber,          232 

Absenting    one's    self    from    the  Lord's    sup- 
per,      232-234 

236.  Divestiture   without    censure,    235 

237.  Renouncing    jurisdiction,    236 


Index.  277 

Pages. 
Chap.  XIII. — Of  the  Modes  in  which  a  Cause  May 
BE    Carried    from    a    Lower    to    a 
Higher   Court,    237-256 

238.  Modes  of  carrying  a  cause  to  a  higher  court,  .  .       237 

239.  Rights  of  members  of  the  inferior  court, 238 

Sec.  I. — Of  General  Review  and  Control,   238-243 

240.  Annual  review  of  records,    239 

241.  Scope  of  review  of  records,   239-240 

242.  Action   of   superior   court   upon   reviewing   rec- 

ords,      240-241 

243.  Cases  of  process  not  subject  to  general  review,  .       241 

244.  Review  outside   records,    242 

245.  Process   against  an  inferior   court — Memorials,      242 

246.  Rules  of  process  against  an  inferior  court,  ....       243 
/S'ec.  II.— Of  References,   243-246 

247.  Reference    defined,    244 

248.  Cases    proper    for    reference,    244 

249.  Object  of  reference,    244 

250.  Effect  of  reference,   245 

251.  Caution  against  reference,    245 

252.  Discretion  of  superior  court  upon  a  reference,      245 

253.  References  to  what  court,    245 

254.  Records    in   reference,    245 

Sec.  III.— Of  Appeals,    246-252 

255.  Appeal  defined;    when  and  to  whom  allowable.  245-246 

Arrest  of  sentence  by  appeal. 

256.  To  whom  appeal  is  allowable,   247 

257.  Grounds   of   appeal,    248 

258.  Notice  and  reasons  of  appeal,    249 

259.  Appeal  to  what  court,    250 

260.  Appearance    of    appellant,    250 

261.  Order  of  proceedings  in  an  appeal, 250 

262.  Decision   upon    appeal,    250 

203.  Abandonment   of   appeal,    251 

264.  Appellant  liable  to  censure, 251 

265.  Effect  of  an  appeal,    251 

Judgment  left  in  force  by  appeal. 

266.  Censure  for  neglect  to  send  up   records   in  an 

appeal ;    arrest  of  judg-ment,    252 

Sec.   IV.— Of  Complaints,    252-256 

267.  Complaint     defined;       to     whom     allowable; 

effect,     252-254 


278  Index. 

Pages. 

268.  Notice  of  complaint,    254 

269.  Respondent   in   complaint;     order   of   proceed- 

ings,      254-2.55 

270.  Decision  upon  complaint,    255-256 

271.  Records  in  complaint,    256 

Chap.  XIV. — Of  Dissents  and  Protests, 256-257 

272.  Dissent  defined;    to  be  recorded,   256 

273.  Protest    defined,    257 

274.  Record  of  dissent  or  protest;    answer  thereto,  .       257 

275.  Who  may  dissent  or  protest,   257 

Chap.  XV. — Of  Jurisdiction,   258-265 

276.  Transfer  of  church  members;    dismission,   ...258-259 

277.  Transfer  of  officers  and  members  without  their 

consent,     259-261 

278.  Jurisdiction  over  members  in  transition,   2G1 

279.  Separate  roll  for  absentees,   262 

280.  Jurisdiction    over    Ministers    and    Probationers 

in  transition;    form  of  dismission,   262-263 

281.  Certificate  of  dismission  as  testimony  of  good 

standing,     •.••;■       ^^^ 

Principles    governing    transfer    of    jurisdic- 
tion  264-265 


ALPHABETICAL  INDEX. 


[Figures  refer  to  paragraphs  as  numbered  consecutively; 
when  to  pages,  p.  is  prefixed.] 

Pak. 

Abandonment  of  appeal,   263 

Absentees,  separate  roll  of,    279 

Absenting  one's  self  from  Lord's  supper, 235 

Acceptance  of  office  of  Elder  or  Deacon,  question  concern- 
ing,         112:4 

Activity  of  Christ  in  the  Church,   11 

Accusations,  from  whom  to  be  received,   168 

Accused,    163 

appearance  of,    178 

exempt   from  testifying,    206 

preventing,  from  Lord's  supper,    195 

rights  of,  in  discussion, 171 

suspension  of  official  functions  of, 170 

Accuser,     163 

Adjournment   of  Assembly,    91 

Administering    censures,    220-221 

Admission  of  children  to  Lord's  supper, 149 

of  Ministers  to  Presbytery,    75 

Admissions,   Sessional   record  of,    70 

Admonition,    157 

private,    222 

public,    222 

Adult  non-communicants,    150 

Advice  by  Assembly,    90 :4 

Affirmation  by  witnesses,    211 

Agencies  of  evangelization,  Assembly's,    90:10 

Aim  of  this  exposition,    pp.  5-6 

of  trials  for  licensure,    133 

Amending  doctrinal  standards,   142a 

Book  of  Church  Order,    142 

Annual  review,    240 

Answer  to  dissent  or  protest,   274 

279 


280  Index. 

Par. 

Appeal  from  divestiture  without  censure,    205 

Appeals,    pp.   24G-252 

abandonment  of,    263 

allowable    to    whom,     24Jo 

when,    255 

arrest  of  judgment  by  neglect  to  send  up  records  in,  2GG 

of  sentence  by,   255 

censure  for  neglect  to  send  up  records  in, 266 

decision  upon,    262 

defined 255 

effect  of,    265 

grounds    of,     257 

judgments  left  in  force  by,   265 

notice   of,    258 

notice  of  reasons  of, 258 

order  of  proceedings  on,    261 

reasons  of,  notice  of,   258 

to   Assembly, 90 : 1 

to  Presbytery,    77:1 

to   Synod, 84 : 1 

to  what  court,    259 

Appearance   of   accused,    178 

of   appellant,    260 

time  between  citation  and,    178 

Appellant,     163 

appearance  of,    260 

liable  to  censure,    264 

Appellee,    163 

Appointment,  Elder's  certificate  of,  to  Presbytery,   .....      73 

of  commissioners  by  Presbytery,    77:17 

day  of  ordination  by  Session,   Ill 

Appointed    prosecutor,     166 

Arrest   of   judgment   by   neglect   to    send   up    records    in 

appeals,     266 

of  sentence  by  appeal,   255 

A-ssembling  the  people  by  Session,   67  :1] 

Assembly,  General,    pp.    109-117 

adjournment  of,     91 

commission   of   commissioner   to,    88 

commissioners  to,    88 

care  of  inferior  courts,    90 : 6 

delegates    to,    88 

inferior  courts,  care  of,  by,    90:6 


Index.  281 

Par 
Assembly,  General — 

meetings  of,    87 

members  of,    87 

moderator  of,   55 

place  in  the  system  of  courts,   86 

powers   of,    90 

quorum,    of,    89 

title    of,     86 

Attendance  on  the  courts,  expense  of,   58 

Authentication  of  records  and  testimony, 213-214 

Authority  of  church  courts  spiritual, 59 

Baptism,    " 29 

infant  membership  and,  29 

of   children,    67:3 

Baptisms,  record  of,   70 

Baptized  non-communicants,     30 

Benediction,    34, 57 

Blessing  the  people,    24 

Book  of  Church  Order,  amending,  142 

Breach  of  covenant  engagements  by  a  Minister, 205 

Call    and    Presbytery,    116 

certifying  the,    108 

commissioners  to  prosecute  the,    100 

drawing    the,     106 

form  of  the,   107 

into  a  different  Presbytery, 127 

prosecuting  the,  before  a  different  Presbytery,   ....    110 

subscribing    the,    106,  108 

to  a  Pastor,   126 

to  a  Probationer, 110,  117 

Candidates,     77:3 

transfer   of,    137 

what  Presbytery  should  try,    130 

Case,  see  Cause. 

Cases,  extraordinary,   ' 134 

without   process,    pp.  231-237 

Catechisms,     141 

amending,    142a 

Catechizing,    24 

Cause,  how  carried  to  higher  court,  ....    pp.  237-256,  esp.  238 

record  of 189 

Censure,  appellant  liable  to,    264 

by  Presbytery,    pp.  210-215 


282  Index 

Par. 

Censure — 

by  Session,    67 :2 

divestiture   without,     205, 236 

Censure  for  neo-lect  to  send  up  records, 266 

how   administered,    220 

infliction  of,    pp.  221-225,  esp.  225 

in  what  spirit  administered,    221 

removal  of,   pp.  225-231,  esp.  230-231 

transfer  of  persons  under,    232 

upon  confession,    174 

upon  confession  by  a  Minister,   202 

upon  confession  without  process,    234 

Censures,     pp.  181-184 

classified,     156 

Certificate  of  appointment.  Elder's,   73 

of  commissioners  to  Assembly,    88 

of  dismission  as  testimony  of  good  standing, 281 

Challenging  members  of  a  court,   187 

witnesses,    206 

Charge  to  a  court,    172,  183 

Charges  at  ordination  or  installation,   121 

Children,  admission  of,  to  Lord's  supper,   149 

baptism   of,     67  : 3 

instruction  of 148 

parents   and  their,    147 

Christ,  see  Jesus  Christ. 

Church  and  "church,"   5 

Church   covenant, .      27 

functions  of  the,  as  a  government,   17 

members,    pp.  42-44 

infant,      29 

process  against,   192 

transfer  of,   276 

particular,  see  Particular  church, 

power,    pp.  25-29 

officers  and, 16 

people  and,   15 

questions  to,  at  ordination  of  Elder  or  Deacon,  ...    112:5 
at  installation  of  Pastor, 120 

Church  Session,  see  Session. 

the, .  . 2,  pp.  19-42 

the,  a  spiritual  organization,    p.  9 

visible,  see  Visible  Church, 


Index.  283 

Par. 

Church's  work,  scope  of,   18 

Churches,    dividing,    77 :  12 

forming, 77:13 

organizing,    26,  27,  93 

particular,  see  Particular  churches. 

receiving   churches,    77  :  13,  90 :  14 

uniting,    77:12 

vacant,     77:14 

visitation   of,    77:11;   93 

Citation  of  parties  and  witnesses,   174 

time  between  and  a^jpearance, 178 

Citations,    175 

second,     177 

serving  of,    181 

Classification  of  censures,   156 

of  Ministers,    37 

of   offences,     153 

of  officers,    pp.  44-46 

Clerk,     56 

Collections,      67 :9 

Commissioners  to  Assembly, 77:17 

to  prosecute  a  call,    109 

Commissions,    pp.  117-121 

defined,    92 

evangelization,     95 

functions  of,    92-94 

taking  testimony  at  a  distance, 179 

to  install,    93 

to    ordain,     93 

to  organize  churches,   93 

to  take  testimony,    215 

to  try  cases,   94 

to  visit  disordered  parts  of  the  Church, 93 

Committee,  the  judicial, 182 

Committees   {see  also  Commissions) ,   95 

Executive,   95 

Competency  of  witnesses,    206 

Complainant,    267, 269 

Complaint,    pp.  252-256 

to  Assembly,    90:1 

respondent  in,    269 

decision  upon,    270 

defined,    267 


284:  Index. 

Par. 

Complaint — 

effect  of,    267 

notice  of,     208 

order  of  proceedings  in,  269 

to  Presbytery,    77:1 

records  in, 271 

to   Synod,    84:1 

Concerting  measures  by  Assembly, 90 : 8 

by  Presbytery,    77:15 

by  Session,    67 :  12 

by  Synod,    , 85 :7 

Conditions  to  instituting  process  against  a  Minister,  173, 198 

to   ordination,    117 

Confession  of  Faith,  141 

amending,    142« 

Confession  on  trial, 174,  202 

Confession  without  trial,    234 

Congregation,     67  :  12 

Congregation,  question  to,  at  ordination  of  Elder  or  Dea- 
con,         112:5 

Constitution,    pp.  167-169 

defined,    141 

Contentions,   suppressing,    90 :  12 

Control,  general  review  and, pp.  238-243 

Controversies,  decision  of,   90 : 3 

Contumacy,  177 

censure   for,    217 

before    Session,    193 

excommunication  for,   194 

/  in  refusing  to  testify,  . 217 

of  a  Minister,    199 

suspension   for 193 

Copies  of  records  allowed  parties,  18^ 

Correspondence,    90 :  16 

Corresponding  members  of  Presbytery,   80 

of  Synod,    83 

Counsel,  ' 190 

Court,  see  also  Higher,  Inferior,  Lower,  Superior. 

challenging  members  of,    187 

charge  to,    183 

disqualification  for  sitting  as  member  of, 188 

of  first  resort,  order  of  trial  in, 186 

right  mind  of  members  of, , 172 


IiN'DEx.  285 

Par. 

Courts,   5.  pp.  G2-121 

classes  of,   53 

Courts,  higher  and  lower,   61 

inferior  and  superior,    61 

jurisdiction  of,   pp.  08-75 

not  civil,    59 

lower  and  higher,   61 

nature  of,   52 

power  of,  defined,    60 

spheres  of  different  courts,    62 

superior  and  inferior, 61 

Covenant,  the  church,  see  Church  covenant. 

Deaconesses,    51 

Deacons,     pp.  59-62 

and  Session,    ' 67  : 6-7 

dissolution  of  official  relations, 113, 114 

divestiture  of,  without  censure,   205,  236 

duties  of, 23,  47 

Elders  as,    50 

election  of,  28,  97,  102-105 

functions  of,   23,  47 

installation  of,  115,  p.  139  end. 

ordination  of,    100,  101,  111-112 

qualifications  of,    48 

report  from,  to  Session,   49,  67 : 7 

scriptural  warrant  for,    46 

Deaths,  record  of,   70 

Decision,  see  also  Judgment. 

of  controversies,    90:3 

upon  appeal, 262 

upon  complaint, 270 

Dedication,  The,    p.  3 

Definite  suspension,    223 

Denominations,    3 

Deposition,    160 

and  excommunication,    226 

Diflferent  Presbytery,  call  to  one  in, 127 

Discipline,   .  .  /. 24,  pp.  171-174 

defined,     143 

ends  of,    145 

nature  of,    146 

necessary,    p.  7 

of  non-communicating  members, pp.  174-176 

possible,    , , ,  , p.  3 


286  Index. 

Par. 

Discipline,  Rules  of,  the,   pp.  170-205 

subjects    of,    144 

why  offences  are  grounds  of,    153 

Dismissing  members,    67 : 5 

Dismission,    pp.  258-259 

Dismission,  certificate  of,  as  evidence  of  standing, 281 

form  of, 280 

Dismissions,   record  of,    70 

Disqualify,  testifying  does  not, 216 

Dissent  defined,   272 

answer  to,  274 

to  be  recorded,  272 

Dissent,  who  may, 275 

Dissents,    pp.  250-257 

Dissolution  of  official  relations  by  removal, 114 

for  unacceptability, 113 

of  the  pastoral  relation,   pp.  154-156 

District,  princiijle  of  territorial,   72 

Divestiture  without  censure, 205,  230 

Divide  churches,  power  of  Presbytery  to, 77  :12 

Divine  sanction  of  ecclesiastical  power, 19 

Doctrinal  standards,  question  concerning,   112:2 

statement  in  ordination,    112 

symbols,    amending,    142« 

Doctrine  of  church  government,   pp.  11-17 

of  ordination,   pp.  123-125 

of  Presbytery,  to  what  necessary,    7 

of  Avocation,   pp.  121-123 

Duties,  see  Powers,, 

Ecclesiastical  power,  divine  sanction  of,   19 

Editor,   41 

Elder,   42,  pp.  54-59 

and  Minister,  difference  of, 43 

as   Deacon,    50 

Elder  as  Moderator,   43 

dissolution  of  official  relations  of,   113,  114 

divestiture  of,  without  censure,  205 

duties  of 45 

election  of,    28,  102 

installation  of, 115,  p.  130  end. 

ordination  of,   pp.  133-138 

power  of  Session  over,   67 : 6 

qualifications  of,    44 

status  of,  restored,   231 


Ii^DEx.  287 

Par. 

Elder's  certificate  of  appointment  to  Presbytery,  73 

Election  of  Elders  and  Deacons, 28 

of  officers,    97,  pp.  125-133 

manner  of,    102 

moderator  at,   103 

Session  at,    105 

steps  in,    104 

vote  necessary  to,   104 

Enrolling,    26 

Errors,  Assembly  may  testify  against,    90:2 

Presbytery's  power  concerning,   77:10 

Evangelists,    40 

power  of  Presbytery  to  set  apart, 77:7 

ordination  of,   123 

Evangelization,  agencies  of,    90 :  10 

Evangelization  commissions,     95 

EvideW pp.  215-221 

what   sufficient,    208 

Examination  of  witnesses,  184,  210 

Examinations  for  licensure,    132 

Excommunication,   159, 225 

deposition  and,    226 

for  contumacy, 194 

restoration   from,    226 

Executive  Committees,   95 

Expenses  of  attendance  on  courts,    58 

Exposition,  The, pp.  11-265 

Expounding,    24 

Equipped  the  Church,  how  Christ  has,    10 

Extent  of  church  power, pp.  25-29 

Extraordinary  cases,    134 

meetings  of  courts,   55 

officers,     32 

Fasting,     24 

Form  churches,  Presbytery  to,   77 :  13 

Form  of  Government,   pp.  11-169 

General  Assembly,  see  Assembly. 

General  offences,    154 

General  review, pp.  238-243 

cases  of  process  not  subject  to, 243 

Gospel  ministry,  see  Ministers. 

Government  and  Discipline,  questions  concerning,    ...    112:3 

doctrine  of  church, pp.  11-17 

Form  of, pp.  11-169 


288  I'^D'EX. 

Par. 
Government — 

functions  of  the  Church  as  a, 17 

of  the  Church,  Christ's  offices  in,   9 

scriptural  form  of,   1 

Hand  of  fellowship  in  ordination,  right, 121,  p.  138 

reception  after  installation,    122 

Hands,  laying  on,   p.  138,  pp.  149-150 

Head  of  the  Church, 8,  pp.  18-22 

Heresy,    200 

Higher  courts,   61 

action  of,  in  reviewing  records,   242 

judgment  to  be  sent  down,   189 

modes  of  carrying  causes  to, 238,  pp.  237-256 

Indictment,  contents  of,  174 

drawing,    174 

form    of,    164 

Induction  into  office,  see  Ordination  and  Installation. 

Indefinite   suspension,    226 

Infant  members  and  baptism, 29 

Inferior  courts,  see  Lower  courts. 

Infliction  of  censures,   226,  pp.  221-226 

Injunctions, 67:13;   77:9;   84 

Interrogatories,  written,    215 

Installation,    p.  147,  question  8 

by  commission 93 

of  an  ordained  Minister,   125 

of  Elders  and  Deacons, 115,  p.  139  end, 

question  to  Pastor  at,   jj.  147 

questions  to  church  at,   120 

who  shall  conduct, 77  :4 ;    121 

Instituting  process,    162 

conditions  to 173,  198 

time  of,   191 

Instruction  by  Assembly, 90:4 

Investigation,     162 

Irrelevant  questions,    210 

Jesus  Christ  as  King  and  Head,  8 

Judgment,  arrest  of,  by  absence  of  records, 266 

effect  of  appeal  on,    265 

of  higher  court  to  be  sent  down,  189 

Judicial   committee,    182 

Jurisdiction pp.  258-265 

of  church  courts, pp.  68-75 

not  civil,   59 


Index.  289 

Par. 
Jurisdiction — 

original,  place  of,   161 

over  members   in  transition,    278 

over  Ministers  and  Probationers  in  transition, 280 

renouncing,     237 

transfer  of,    PP.  264-265 

King  of  the  Church, 8,  pp.  18-22 

Knowledge  of  our  system  important,  p.  7 

Licensure,    PP-  156-166 

act  and  form  of,   134 

object  of,   129 

questions   at,    135 

requisites  to,   132-134 

requisites  to,  preliminary, 131 

revoking,    140 

trials  for,  in  what  Presbytery,   130 

trial  pieces  in,   p.  161 

Lord's  supper,    24 

admission  of  children  to, 149 

absenting  one's  self  from,   235 

preventing  accused  from,    195 

Lower   courts,    61 

process    against,    245 

rights  of  members  of,  239 

rules  of  process  against,   246 

Measures,  proposing  (see  also  Concerting) ,  ....  77:18;   84:8 

Meetings,  Assembly,   90 :  11 

extraordinary,    55 

how  opened  and  closed, 57 

Presbytery's,     79 

Sessional,    68 

Synod's,     82 

Members,  church,   pp.  42-44 

Members,  corresponding,    80, 83 

of   a   church,    20 

of  Assembly,     87 

of  Presbytery,    72 

of  Session,    63 

of   Synod,    81 

of  the  Visible  Church,   3 

receiving,     67  : 4 

IMemorials,    245 

Ministers,    pp.  46-54 


290  Index. 

Par 

Ministers — 

admission  of,  to  Presbytery,    75 

and  Assembly,    90 :  11 

Presbytery, 77 :4,  8 

Synod,    84 : 5 

breach  of  covenant  engagements  by,  205 

classification  of, 37 

contumac}^  of, 199 

dignity   of,    35 

divestiture  of,  without  process,   205 

in  transition,    280 

ordination  of,   pp.  141-151 

process  against,    pp.  210-215 

conditions  to  instituting, 198 

where  entered,   196 

qualifications  of,    36 

receiving  charges  against,    197 

restoration  of,    233 

subscription  of,    76 

titles  of,    35 

Moderator  at  an  election,   103 

duties  of, 55 

Elder  as,   43 

of  Session  in  absence  of  Pastor, 65 

when  no  Pastor, 65 

when  several  Pastors, 66 

powers    of,    55 

who  is, 54 

New  testimony, 218-219 

trial,   218-219 

Non-communicants,     30 

adult,   30,  150 

belong  to  what  church,    151 

discipline  of,   pp.  174-176 

tabular    record   of,    70 

transfer  to  roll  of, 235 

Notice  of  appeal,    258 

Notice  of  complaint, 268 

Oath  of  witnesses,    211 

Offences,     pp.  176-181 

classified,    153 

defined,    152 

general,    154 

outside  territorial  jurisdiction,    180 


Index.  291 

Par. 
Offences — 

personal,    154 

private,    155 

public,    155 

why  grounds  of  discipline, 153 

Officers,  4,  pp.  44-G2 

and  a  particular  church,   21 

and  church  power,    16 

classification  of,   pp.  44-46 

election  of,  97,  pp.  125-133 

extraordinary,    32 

ordinary,     33 

transfer   of,    277 

Order  of  proceedings  in  appeal,   261 

in  complaint, 269 

in  trial,   186 

Orders,     6,  pp.  121-166 

Ordinances  of  worship,    24 

Ordination,    pp.  123-125 

acts  of, 112,  119,  121 

agent  of,    98 

and  installation,    101 

and    vocation,    p.  123 

by  commission,    93 

conditions  to,   98 

defined,    100 

is  by  a  court,    99 

is  to  a  definite  work,   101 

of  Elders  and  Deacons,  pp.  133-138 

acts  of.    112 

doctrinal  statement  at,    112 

questions  at,   112 

sermon  at,     112 

of  Evangelists,  123 

of  Ministers,   pp.  141-151 

acts  of,   119-121 

conditions  to,   117 

place  of,     118 

Presbytery  of,    124 

proceedings  at,  119 

questions  at,   119 

sermon  at,    119 

who  to  conduct,   121 

Orcranic  union, 90 :  13  and  14 


2D2  Index. 

Organization  of  a  particular  eliureli, pp.  3642 

Original  jurisdiction,   161 

Parents  and  their  children,   147 

Particular  church,   14,  pp.  29-36 

defined,    20 

officers  of,   21 

organization  of,    pp.  36-42 

Parties  in  process,  see  Process. 

Pastor   {see  also  Call,  Installation,  etc.) ,   38 

election  of,   102 

translation    of,     126 

Pastoral  charge,  resignation  of, 128 

relation,  formation  and  dissolution,   pp.  141-156 

of  deposed  or  suspended,   203 

Plead,  refusal  to,    177 

Pleading,     174 

Power  of  church  courts,   60 

divine  sanction  of, 19 

nature  and  extent  of, pp.  25-29 

officers  and,    16 

people  and,   15 

Po^A'ers  of  Assembly, 90 

advice,    90:4 

agencies,    90 :  10 

appeals,    90 : 1 

complaints,    90 : 1 

Constitution,    90 : 6 

controversies,    90 : 3 

correspondence,    90 :  16 

decision  of  controversies,  90  :€► 

deliverances,   90 : 2 

disorders,     90 : 7 

error  and  immorality, 90 : 2 

instruction,     90:4 

measures,     90 : 8  and  17 

Ministers,    90 : 1 1 

order, 90:7 

Presbyteries,     90 : 6  and  7 

references,     90 : 1 

schismatic  contentions,    90 :  12 

superintendence,  general,     90:15 

Sessions,    90:6  and  7 

Synods, 90:5,6,7  and  9 

Powers  of  Presbytery, ,.,,,,,.  ^ . , 77 


Index.  293 

Tar. 

Powers  of  Presbyter}^ — 

appeals, 77:1 

candidates,    77  : 3 

churclies,    77  :  11-14  and  16 

commissioners  to  Assembly,    77  :  17 

complaints,      77:1 

errors,    77  :  10 

Evangelists,    77  : 7 

injunctions,     77  : 9 

measures,    77  :  15 

Ministers,    77:4  and  8 

pastoral   relation,    77 : 6 

references,     77:1 

Sessions,    77 :5 

Session's   jurisdiction,    77 : 2 

Powers  of  Session,    •.      67 

assembling  the  people,   67  :  11 

baptism   of  children,    67 : 3 

Bible  classes, 67  : 8 

censure,      67 :2 

collections,    67  : 9 

Deacons,    67:6  and  7 

dismissing  members,   67  : 5 

Elders,    67 :6 

injunctions,     67 :  13 

inquiry, .    67  : 1 

measures,    67:12 

receiving  members,    67 : 4 

representatives  to  Presbytery,    67 :14 

representatives  to  Synod,   67 :  14 

Sabbath-schools,    67  : 8 

singing,    67  :  10 

Powers  of  Synod,    84 

appeals,    84:1 

churches,    84:6 

complaints,      84:1 

Constitution,     84 :3 

injunctions,     84 : 3 

measures, 84:7  and  8 

Ministers, 84:5 

Presbyteries, 84 :2,  4  and  6 

references,   84:1 

Sessions,    84 : 6 

Praise,   ..,.......,.,.. 24 


294  l^DEx. 

Par. 

Prayer, 24,  57,  71 

Preaching, 24 

Preface,    PP-  ^"10 

Presbytery,    PP.  89-107 

admibsion  of  Ministers  to, 75 

boundaries  of,    72 

corresponding  members  of,    80 

doctrine  of,  its  necessity, 7 

meetings  of,    79 

members  of,    72 

powers  of,  see  Powers  of  Presbytery. 

quorum  of,    74 

records  of,     78 

territory  of,    72 

visiting  brethren  of,    80 

Private  offences, 155,  198 

Probationer,  call  to,   117 

in  transition,   280 

licensure  of, pp.  156-1G6 

Presbytery  and,   139 

transfer  of,     137 

Process,    pp.  191-215 

against  church  members,   192 

lower  courts,    245 

rules  of, 246 

Ministers,    pp.  210-215 

for  private  offences,   198 

before  Session, pp.  207-209 

•      Presbytery,    pp.  210-215 

cases  of,  not  subject  to  general  review, 243 

cases  without,  pp.  231-237 

censure  without,    234 

instituting,  see  Instituting  process. 

parties  in,   pp.  184-191 

transfer  to  roll  of  non-communicants  without, 235 

Professors  of  religion,   31 

Prosecutor,    1G3 

appointed,   166 

voluntary,    166 

warning  to,     169 

Protest, pp.  256-257 

answer  to, 274 

defined,     273 

record  of,   274 


Index.  295 

Par. 

Protest,  who  may, 275 

Qualifications  of  Deacons,   48 

Elders,     44 

Ministers,    36 

voters,    105 

Questions  arising  in  a  trial, 185 

at  installation  to  the  church,   pp.  147-149 

Questions  at  installation  to  the  Minister, pp.  145-147 

at  licensure,    135 

at  ordination  of  Minister, pp.  145-147 

Elder  or  Deacon,   IV^ 

irrelevant,   210 

Quorum  of  Assembly,    89 

church, p.  127 

Presbytery,   74 

Session,    63 

Synod,    . 82 

Reading,    24 

Receiving  churches,    77 :  13 

members,     67:4 

Reclamation  Avithout  prosecution,   165,  167 

Records  in  appeal,    266 

in  complaint,    271 

in   reference,    254 

of  a  cause, 189 

of   Deacons,    67:7 

of  Presbytery,    78, 84 

of   Session,    69,  77 :5 

of   Synods,    85, 90 :5 

Records,  review  of,  see  Review  of  records. 

Records,  review  outside,    244 

tabular,    70 

References, pp.  243-246 

cases  proper  for,   248 

caution  against,  251 

court  to  which, 253 

defined,    247 

discretion  of  the  higher  court,   252 

effect,   250 

object   of,    249 

records   in,    254 

Re-installation,    115 

Removal  of  censures, pp.  225-231 

from  a  Minister, : pp.  230-231 


296  Index. 

Representatives  to  Presbytery  and  Synod,   67 :14 

Resignation  of  pastoral  charge,  128 

Respondent  in  complaint,    269 

Restoration  from  deposition,    230 

excommunication,    229 

suspension,    228 

of  a  Minister, 233 

deposed,     203 

Review,  general,  pp.  238-243 

process  not  subject  to,    243 

Review  of  records,    240 

action  in,    242 

scope  of,    241 

outside  of  records,    244 

Roll  of  absentees,   279 

non-communicants,    235 

Ruling  Elder,  see  Elder. 

Sabbath-schools,     67 :8 

Scandal,     201 

Schism,    200 

Sentence,  when  it  takes  effect,   p.  225 

Separate   roll,    279 

Sermon  at  installation  or  ordination, 112,  p.  145 

Sermon,   opening, 54 

Serving  citations,    181 

Session,     22,  pp.  75-89 

and  Presbytery,   77 : 5 

and  Synod,   84 :6 

and  worship, 25,  67  :  11 

at  an  election p.  129 

in  ordination  of  Elder  or  Deacon,   Ill 

meetings  of, 68 

members  of,    63 

powers  of  {see  Powers  of  Session) , 67 

quorum  of,    63 

Singing,    57,  67  :  10 

Standards,    11 

doctrinal,    p.  135 

Statement  by  the  Moderator  at  ordination, 112,  119 

Subscription  by  Ministers,    76 

Superintendence,  general,    90:15 

Suspended  Minister,  pastoral  relation  of,   204 

treatment  of  one, 227 

Suspension,    158,  p.  228 


Index.  297 

Pak. 
Suspension — 

indefinite,    224 

of  otileial  functions  of  accused,   170 

restoration   from,    228 

Synod, pp.  107-109 

corresponding  members  of,   83 

meetings    of,    82 

members  of,    81 

new,    90:9 

powers  of,  see  Powers  of  Synod. 

quorum  of,    82 

visiting  brethren  of,  83 

Tabular  records,    70 

Teacher,  the, 39 

Territorial   district,    72 

Testify,  contumacy  for  refusing  to,    217 

Testifying  against  error  by  Assembly,   90:2 

does  not  disqualify, 216 

exempted  from,    206,  207 

Testimony,  commission  to  take,  179,  215 

new,    218, 219 

taking,  at  a  distance,  179 

by  written  interrogatories, 215 

writing  the,    212 

Thanksgiving,  public,   24 

Title,    p.  1 

Titles,  dignity  and,  35 

official,     34 

Transfer  of  church  members,   276 

of  jurisdiction,    pp.  264-265 

of  persons  under  censure,   232 

to  roll  of  non-communicants,   235 

without   consent 277 

Transition,  jurisdiction  over — 

members  in,    278 

Ministers   in,    280 

Probationers  in,     280 

Uniting  churches,    77  :  12 

Unity  of  the  Church,   12 

Vacant  churches,   77  :  14 

Visible  Church,    pp.  22-25 

members  of,    3 

Visitation, 77  :  11 ;  93 

Visiting  brethren,   , , . 80,  83 


298  Index. 

Vocation,    pp.  121-123 

ordinary,   96 

ordination  and,  distinguished,   p.  123 

Vote  necessary  to  election,   104 

Witnesses,   competency  of, 20G 

examination  of,    184, 210 

separation  of,  209 

Worship,  ordinances  of,  24 


